STATE OF ANDHRA PRADESH Vs. KUNCHALA SASI KRISHNA

JUDGEMENT

(1.) The appellant herein is the accused in Sessions Case No.85/S/2021 on the file of the Special Sessions Judgecum-IV Additional District and Sessions Judge, Guntur (hereinafter referred to, as 'the Sessions Judge').

(2.) The appellant/accused was tried for the offences punishable under Ss. 354D and 302 of the Indian Penal Code, 1860 (for short, 'IPC') and Ss. 3 (2) (va) and 3 (2) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (for short, 'the Act, 2015'). Vide the impugned judgment dtd. 29/4/2022 in the aforesaid Sessions Case, the Sessions Judge found the appellant/accused guilty of the aforesaid charges, accordingly convicted him and sentenced -to death penalty by way of hanging by neck till he is dead and to pay a fine of Rs.1,000.00, in default to suffer simple imprisonment for a period of one month, for the offence punishable under Sec. 302 IPC, subject to confirmation by this Court under Sec. 366 CrPC; to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.500.00 in default to suffer simple imprisonment for 15 days, for the offence punishable under Sec. 354D IPC; to undergo rigorous imprisonment for life and to pay a fine of Rs.500.00 in default to suffer simple imprisonment for a period of 15 days for the offence under Sec. 3 (2) (v) of the Act, 2015; and to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.500.00 in default to suffer simple imprisonment for a period of 15 days for the offence under Sec. 3 (2) (va) of the Act, 2015.

(3.) The substance of charges as against the accused is that on 15/8/2021 at about 9.40 am, in front of Sri Srinivasa Vilas Hotel, Kakani Road, Paramayakunta of Guntur town, the accused assaulted by stalking Nallapu Ramya (hereinafter referred to, as 'the deceased') viz. interacted/contacted her repeatedly despite her clear indication of disinterest and thereby committed an offence punishable under Sec. 354D IPC; that on the same date, time and place and during the course of same transaction, the accused committed murder by intentionally causing death of the deceased by means of stabbing her on her stomach, chest and back indiscriminately with a knife and thereby committed an offence punishable under Sec. 302 IPC; that on the same date, time and place and during the course of same transaction, the accused, not being a member of Scheduled Caste or Scheduled Tribe, committed the abovesaid offence under Sec. 354D IPC knowing that the deceased is a member of Scheduled Caste-Mala and thereby committed an offence punishable under Sec. 3 (2) (va) of the Act, 2015; and lastly, that on the same date, time and place and during the course of same transaction, the accused committed the abovesaid offence punishable under Sec. 302 IPC knowing that the deceased is a Scheduled Caste-Mala community and thereby committed an offence punishable under Sec. 3 (2) (v) of the Act, 2015.