KOTA SUBBA REDDY Vs. STATE OF A P

JUDGEMENT

(1.) This appeal is filed against the judgment and sentence passed in S.C.No. 107/1992 on the file of the III Additional Sessions Judge, Kurnool. Following are the brief facts which led to launching ofprosecution.

(2.) Al to A3 are brothers and they are residents of Peapully. Laxmidevi is the legally wedded wife of A3. Al to A3 had divided their properties and they are living separately. A1 took fertile lands and A3 was given lands of lesser quality. The deceased Laxmidevi, wife of A3, used to abuse A3 on that account. On 17-5-1-1991 at 1 P.M. Laxmidevi was weeding out bajra sticks from the land in the field of A3. A3 was also doing the same work. When A1 started returning home, the deceased started abusing Al in vulgar language. A1 got wild and picked up a stone with intention to kill the deceased. He hurled the stone at her with great force. The stone struck on the back of the head of the deceased causing bleeding injury. Laxmidevi fell down and died due to injury. The deceased was last seen by Nagi Reddy, Yella Reddy and Krishnamurthy. A1 to A3 in order to screen the evidence of murder against A1, caused dis appearance of the dead body. Al appeared before B.Sarabha Reddy of Peapully and confessed the offence. On 13-9-1991 at 9 A.M. A1 to A3 were arrested at Allulla Garden. After completion of investigation, charge sheet has been filed under Sections 302 and 201 I.P.C.

(3.) On the above facts, the lower Court framed two charges. The first charge has been framed against A1 for the offence punishable under Section 302 I.P.C. The second charge was framed against A1 to A3 for the offence punishable under Section 201 I.P.C. The charges were read over and explained to the accused. The prosecution to bring home the guilt of the accused examined PWs1 to 17 and marked Ex.P-1 to P-18. The defence did not lead any oral or documentary evidence except Ex.D-1. The learned Sessions Judge, after considering both the oral and the documentary evidence, acquitted A-l for the offence punishable u/sec. 302 IPC. However, he found A-l to A-3 guilty for the offence punishable u/s 201 IPC and sentenced them to undergo regirous imprisonment for a period of two years each and also pay fine of Rs. 500/- each and in default to undergo simple imprisonment for a period of one month each. The period of retention was directed to be set off.