G VENKATANARAYANA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Initially Accused Nos.1 to 6 were prosecuted for different charges in the Court of the Sessions Judge, Prakasam District in Sessions Case No.282 of 1994. The first charge against Accused Nos.l to 6 was punishable under Section 148 IPC. The second charge against A-1 to A-4 was punishable under Section 302 IPC and the third charge against A-5 and A-6 was punishable under Section 302 r/w Section 149 IPC. On evidence the learned Sessions Judge found that no offence was disclosed against A-5 and A-6 and they were acquitted of all the charges; Whereas A-3 died during the course of trial and therefore the case against him was abated. Accused Nos.l, 2 and 4 were found guilty of an offence punishable under Section 304 Part-I, IPC and therefore A-l was convicted and sentenced to suffer R.I. for five years and to pay a fine of Rs.1000/-, in default to suffer R.I. for six months. A-2 and A-4 were convicted and sentenced to suffer R.I. for seven years and to pay a fine of Rs.1000/- each, in default to suffer R.I. for six months each.

(2.) Aggrieved by the aforesaid order of conviction and sentence, A-l, A-2 and A-4 have filed the present appeal.

(3.) The prosecution story can briefly be narrated as follows: That on 15-8-1993 at about 9-00 a.m. when the deceased along with P.Ws.2 and 3 were proceeding towards the disputed land called "Padamati Chenu", there was a dispute between A-l and the deceased regarding the above land. The lower Court dismissed the suit filed by the deceased regarding the disputed land but the High Court granted a decree in favour of the deceased. Therefore all the accused decided to do away the deceased and attacked with cart pegs.