TURAKA VEERABHADRA RAO Vs. STATE OF A P

JUDGEMENT

(1.) THIS appeal is preferred by A. 1 to A. 3 in s. C. No. 195 of 2004 on the file of the metropolitan Sessions Judge, Vijayawada. All of them were accused of committing murder of one Bavaraju Sreenu, on 16. 08. 2003, at about 11. 05 p. m. Through its judgment, dated 06. 06. 2005, the trial Court convicted the appellants for the offences under sections 302, 404 and 201 read with section 34 of Indian Penal Code. It sentenced them to undergo imprisonment for life, for the offence under Section 302. A. 1 was directed to pay a fine of Rs. 1,000/-, in default, to undergo simple imprisonment for three months. A. 2 and A. 3 were sentenced to pay a sum of Rs. 500/-, in default, to undergo simple imprisonment for two months, for the said offence. All of them were sentenced to undergo imprisonment for two years and pay a fine of rs. 100/-, in default, to undergo simple imprisonment for one month, for the offence under Section 404 of I. P. C. As regards the offence under Section 302 read with 34 I. P. C. , they were sentenced to suffer imprisonment of five years, each, and to pay a fine of rs. 100/-, each, in default, to undergo simple imprisonment for one month.

(2.) THE case of the prosecution, as presented before the trial Court, was that; on 16. 08. 2003, the deceased took an auto-rickshaw, on hire, at 4. 00 p. m. , and left his house, as usual. On the same day, at 10. 30 p. m. , when he was at kummaripalem Centre, Vijayawada, three persons asked an auto driver-PW. 4, waiting at that place, to engage his auto, on hire, to take them to Thummalapalem Centre. PW. 4 is said to have demanded Rs. 60/-, whereas the said three persons bargained to Rs. 40/ -. When pw. 4 did not agree for their offer, the deceased expressed his willingness to take them to thummalapalem Centre for Rs. 40/ -. Accordingly, three persons boarded the auto.

(3.) AT about 1. 00 a. m. , in the midnight, pw. 4 is said to have heard that the auto, that was being run by the deceased, was lying at sitara Centre, after it met with an accident. He is said to have informed the same to PW. 5, the brother-in-law of the deceased.