SYED ARIF Vs. THE STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is preferred by the appellants/A1 and A2 aggrieved by the judgment dated 26.08.2011 in S.C. No. 188 of 2008 passed by learned I Additional Sessions Judge, Nizamabad convicting A1 and A2 for the charge under Sec. 302 r/w 34 IPC and sentencing them to undergo rigorous imprisonment for life and also to pay a fine of Rs. 2,000/ -in default to undergo simple imprisonment for a period of one month, while acquitting them of the charge under Sec. 307 r/w 34 IPC.

(2.) a) The prosecution case is that on 22.05.2007 at about 11 PM, when PW2 and LW3 went to fetch water from the bore well situated in front of house of accused in the open place of Dwakra Mahila Sangham in Rajaramnagar Colony, Armoor, A1 Syed Areef abused them in filthy language and thrown them on the ground. On hearing the quarrel, PW1 and deceased Chaika Gangadhar went to the bore well and all the accused abused them in filthy language and suddenly A1 went into the house and brought a knife and stabbed the deceased on the left chest while A2 and 2 JCLs. (Juvenile in Conflict with Law) held the deceased and thereafter, the accused persons hit the deceased person to the CC road and when PW1 went in rescue of the deceased, A1 stabbed him on his right hand with an intent to kill him but PW1 escaped. PW1 lodged Ex. P1 complaint with the SI of Police, Armoor PS (PW10) at about 11.50 PM and he registered in FIR No. 160 of 2007 under Ss. 302, 307 r/w 34 IPC against A1 and A2 and other two JCLs and sent the Express FIR to all concerned.

(3.) a) The trial Court having regard to the evidence on record held that prosecution failed to prove its case for the charge under Sec. 307 r/w 34 IPC and accordingly acquitted them but convicted them for the charge under Sec. 302 r/w 34 IPC and sentenced as stated supra. Hence, the appeal by the appellants/A1 and A2.