KONEJETI SURESH Vs. STATE OF A P

JUDGEMENT

(1.) These two appeals are filed by A2 and A1 respectively against the judgment of the learned Sessions Judge- cum-Mahila Court, Vijayawada in S.C.No.159 of 1999 dated 31-03-2005 convicting them for the offence under Section 302 r/w 34 IPC and sentencing them to imprisonment for life and also to pay a fine of Rs.1,000/- each, in default to suffer simple imprisonment for six months.

(2.) Initially four accused were charged for the offence. A4 died during the pendency of the trial. Therefore, prosecution stood abated as against A4. During the pendency of case for trial A3 pleaded pardon by filing an applicationCrl.M.P.No.286 of 2000. The trial Judge allowed the petition by tendering conditional pardon and he was discharged from the array of accused and examined as P.W.1. Therefore, A1 and A2 preferred the above appeals.

(3.) The prosecution case shorn of details as follows: The deceased Peddi Naveenram was studying Engineering 2nd year in Bellary. P.W.2 is the father of the deceased. In July, 1997, he came to his parents' house at Vijayawada and fall in love with Konejeti Reneladaughter of A1. The deceased and Renela used to met at video shop of P.W.4, who is the friend of the deceased. Subsequently he lost contact with her, as she stopped in attending the college and could not speak over phone. Two days prior to the date of incident, deceased got a phone call from Renela saying "not to talk in future'. On the date of incident the deceased and his friend Suresh went to the house of P.W.8 to take his help to settle the love affair of the deceased. P.W.8 sent them away stating that students should not fall in love. Thereafter, while the deceased and P.W.3 were proceeding on scooter to Karnam Bazar, accused chased them, then the deceased stopped the scooter; where the four persons who chased them also got down from the scooter and enquired them as to who is Naveenramdeceased. On the deceased giving his identity A1 also given his identity. Thereafter, at the request of deceased, both of them walked to some distance and A1 questioned the deceased as to why he was teasing his daughter, the deceased informed that he was in love with her. A2 caught hold the hands of the deceased; Al stabbed the deceased with a knife on his chest. When PW.3 tried to intervene, P.W.1 approver caught hold of him and A4 beat him on his neck. The deceased ran away towards southern side and fell down at a distance of 30 yards. P.W.3 rushed to the house of the deceased and asked P.W.2father of the deceased to accompany him and took him to the house of P.W.8; then all of them went to the scene of offence and found the deceased lying down on the floor with blood injuries. After the said incident all the accused went to the house of P.W.11, where A1 made a telephone call and requested P.W.ll to give a shirt, as his shirt got spoiled in the galata in connection with the affair of his daughter; after changing his shirt all the accused left.