JADDA VEERASWAMY Vs. STATE OF A P

JUDGEMENT

(1.) The accused 1 to 3 in Sessions Case No. 41 of 1992 which was pending on the file of the learned Sessions Judge, Nellore Division, Nellore are the appellants herein. The three accused were facing two charges. The first charge against A-1 to A-3 is for the offence under Section 302 r/w 34, IPC. It was alleged by the prosecution that on 15-2-1991 at about noon in the land of the deceased Kavali Rangaiah at Tirumalammapalem village, all the accused alleged to have assembled with a common intention to commit murder of kavali Rangaiah and in furtherance of their common intention they did commit the murder of the said person. Therefore, they are liable for the offence punishable under Sec.302, r/w 34, IPC.

(2.) The second charge was against A-1 and A-3 under Section 307 r/w 34, IPC for attempting to cause the death of one Sanduri Jayaramaiah. On evidence the learned Sessions Judge found that the prosecution was able to prove the charge punishable under Section 302, IPC only against A-2 and therefore he was convicted and sentenced to suffer imprisonment for life. On evidence, the learned Sessions Judge further found that A-1 and A-3 are guilty of the offence punishable under Section 324, IPC for causing simple injuries to the deceased and sentenced them to suffer rigorous imprisonment for two years. A-1 was also further convicted and sentenced to suffer rigorous imprisonment for two years under Section 324, IPC for causing injury to P.W.1.

(3.) Being aggrieved against the aforesaid order of convictions and sentences, the accused /appellants approached this Court on various grounds as stated in the grounds of appeal.