BALIJEPALLY RAMASWAMY Vs. STATE OF A P

JUDGEMENT

(1.) This Appeal is preferred by the accused in S.C.No.161 of 2002 on the file of the IX Additional Sessions Judge, Guntur. The accused were charged for the offences under Sections 302 and 380 of I.P.C. for allegedly killing the deceased by name B. Gnanasundaramma at 4-00 PM on 19-02-2001 at Ambedkar Nagar Road, Sattenapalli and committing theft of gold ornaments. The accused denied the charges and claimed for trial.

(2.) The brief facts of the case leading to the conviction of the accused are briefly as follows:

(3.) The prosecution, in order to prove the guilt of the accused, examined PWs.1 to 14 and marked Exs.P-1 to P-10 and M.Os.1 to 11. No oral evidence was adduced on defence side, but Ex.D-1, contradiction in Section 161 Cr.P.C. statement of PW-3, was marked. After considering the evidence, the lower Court came to a conclusion that the prosecution proved the guilt of the accused for both the offences and accordingly, convicted both the accused for the offence under Section 302 of I.P.C. and sentenced each of them to suffer imprisonment for life and also to pay a fine of Rs.100/- each in default to suffer simple imprisonment for seven days. They were also convicted for the offence under Section 380 of I.P.C. and sentenced to undergo rigorous imprisonment for one year and also to pay a fine Rs.100/- each in default to suffer simple imprisonment for seven days. Being aggrieved by the Judgment of the trial Court, dated 22-06-2004, the appellants preferred the present Appeal challenging its validity and legality.