NANDIKANUMA LAKSHMAMMA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THESE two appeals are filed under Section 374 cr. P. C. by Al and A2 in S. C. No. 16 of 2003 on the file of the Special Judge for trial of offences under SCs and STs (Prevention of atrocities) Act, 1989, Prakasam District at ongole. The appellants were charged with offences under Sections 302 and 201 IPC as well as under Section 3 (2) (v) of the scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act' ). They were accused of committing the murder of one Chennaiah. Through its judgment, dated 1. 10. 2005, the trial Court convicted the appellants of the above said offences. Sentence of imprisonment for life and fine of Rs. 2,500/-each, in default, to undergo simple imprisonment for two months, was imposed in common, for all the offences under the provisions referred to above.

(2.) THE prosecution alleged that the deceased was a resident of Sunkureddipalem village and that he had illicit intimacy with the first appellant, a resident of neighbouring village Cherukuru, for about 5 to 6 years prior to the incident. It was stated the first appellant had also developed illicit relation with the second appellant, her brother-in-law, and both of them have hatched a plan to do away the life of the deceased.

(3.) THE wife of the deceased, P. W. 1, submitted a complaint-Ex. P. 1, at 9. 00 a. m. , on 15. 4. 2002, alleging that her husband had illicit intimacy with the first appellant and that 4 or 5 days earlier to the date of ex. P1, the first appellant took away the deceased and that the same was witnessed by P. Ws. 4, 5 and 6 and certain others and thereafter, he did not return. On coming to know that the dead body of her husband was found in a well belonging to one mr. Kotaiah she went to that place at 7. 00 a. m. , on 15. 4. 2002 and recognized the dead body, as that of her husband.