SHAIK SHAMSHAD Vs. STATE OF A P

JUDGEMENT

(1.) A-l to A-3 is Sessions Case No. 211/95 on the file of the Sessions Judge, Cuddapah, preferred this appeal against the judgment and order dated 2-4-96, convicting and sentencing A-l to imprisonment for life for the offence punishable under Section 302 r/w 109, IPC and A-2 and A-3 to life imprisonment for the offence punishable under Section 302 r/w 34,1PC.

(2.) The gravamen of the charges is that on 10-5-94 at about 3 a.m. in the house of A-l at Bellam Mandi, Yanadi Colony, Cuddapah, all the accused caused the death of Shaik Arifullah.

(3.) The prosecution case briefly stated is that P.W.1 (Silar Saheb) is the father of the deceased and P.W.2 (Shaik Showkathullah) is the brother of the deceased and son of P.W.I. P.W.3 (Alluru Pushpalatha) is the kept mistress of the deceased. All the accused and the material witnesses are residents of Cuddapah town. A-1 is the wife of the deceased and A-2 is the brother of A-1. A-3 is a friend of A-2. A-2 was working with the deceased, who was doing business in fruits and flowers on commission basis. About seven years prior to his death, the deceased married A-l. The deceased has another wife, who is residing in Madras. The deceased has two children through the first wife and two children through the second wife. The house of the deceased has four portions. A-1, A-2 and P.W.4 (Kumara Ramanamma) were living in one portion. The house of P.W.3 is situated a furlong away from the house of the deceased. The deceased was having illicit intimacy with P.W.3 since three years prior to his death and he was maintaining the family of P.W.3. The terms between the deceased and A-1 were not cordial and they were often quarreling. On the date of the incident, the deceased went to the house of P.W.3. He was there for about 20 minutes. P.W.3 is said to have pressed the legs of the deceased and informed him about the threat to his life. At about 11.00 or 11.15 p.m. P.W.3 went to the house of the deceased and found the deceased was sleeping. P.W.4 informed her that the deceased was sleeping. While P.W.3 was coming out, she saw the three accused standing near the staircase.