GOPISETTI RAJESH Vs. THE STATE OF A.P.

JUDGEMENT

(1.) These Criminal Appeals arise out of the judgment dated 10-02-2010 in Sessions Case No.242 of 2007 on the file of the Court of Sessions Judge, Mahila Sessions Court at Vijayawada (for short, 'the trial Court'). The appellants/A1 and A2 were convicted for the offence under Sec. 302 of the Indian Penal Code (for short, 'I.P.C.') and sentenced to suffer imprisonment for life and also to pay a fine of Rs.1,000.00 each in default to suffer simple imprisonment for three months. They were also convicted for the offence under Sec. 380 I.P.C. and sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.500.00, in default to suffer simple imprisonment for one month.

(2.) Prosecution Case: The case of the prosecution is that A1 and A2 were classmates and friends during their college education in Swamy Vidyaprakasananda Government Degree College, Srikalahasti, during the year 2001-04 and residents of Srikalahasti of Chittoor District. The deceased Ikkurthi Rajeswari, W/o Saibabu, 29 years, R/o Bhavanipuram, Vijayawada, and A2 were phone friends, who used to talk frequently on phone.

(3.) On 11-07-2006 at 11.30 p.m., P.W.1 lodged a complaint in I Town Police Station, Vijayawada City, stating that she is residing in the house of her mother and her younger brother P.W.2 is residing in M.I.G. 92/3, Housing Board Colony, Vijayawada, and he is working as Principal, Sri Chaitanya College. That on 11-07-2006 in the evening at about 4.30 p.m., the son of the deceased by name Pranay, aged about 7 years, came to her house and informed that the deceased was not in the house, that at about 6 p.m., P.W.1 called on the phone number of the deceased but there was no reply, that, at about 6.30 p.m., she went to the house of the deceased and found that the mesh gate and the front door were open, that PW-1 entered into the house and found the dead body of the deceased in a pool of blood, in the front room, with a cut injury on her neck, that she raised cries, called the neighbours, found that the gold chain on the neck of the deceased was missing, almyrah was kept open and gold ornaments viz., 1. gold necklace weighing about 2 sovereigns, 2. gold bharath chain 1 sovereigns, 3. gold saredh (nanthradu) 2 sovereigns, 4. gold red stone V rings 2 grams, 5. gold chandraharalu with 3 rows 25 grams, 6. gold baby rings 2 weighing about 2 grams, 7. gold junkalu and kammalu 4 grams, 8. gold dollar with anjaneyaswamy picture 1 grams and 9. gold mati 1 weighing 2 grams, were stolen by some unknown offenders.