KOTHAPALLI VEERANNA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) IN S. C. No. 47 of 2000, the Court of Special judge for SCs and STs (Prevention of atrocities) Act, West Godavari at Eluru, tried A. 1 to A. 5 for the offences under section 302 read with Section 34 IPC, and section 3 (l) (x) of S. Cs and S. Ts (Prevention of Atrocities) Act, 1989 (for short "the act" ). During the trial of the case, A-2 died on 12. 1. 2005, and the case against him abated. Through its judgment, dated 28. 10. 2005, the trial Court acquitted A. 4 and A. 5, but convicted A. 1 and A. 3 for the offences referred to above. It sentenced them to undergo imprisonment for life and to pay a fine of Rs. 1,000/- each, in default to undergo simple imprisonment for three months, for the offence under Section 302 read with Section 34 IPC. For the offence under Section 3 (2) (v) of the Act, the said accused were sentenced to undergo simple imprisonment for three months. The sentences were directed to run concurrently. Hence, this appeal by A. 1 and A. 3.

(2.) THE prosecution pleaded that the deceased, by name Rambabu, was employed as a farm-servant with the 1st appellant, for about 10 years prior to 1998, and that on 24. 11. 1998, a written report, ex. P. 1, was received from Kothapalli narasimha Rao, A. 5, to the effect that the dead body of the deceased was found on the Bode (ridge) in his fish tank at about 6p. m. on 23. 11. 1998, and that PW. 2 had informed the same to the mother of the deceased, PW. 5. On receiving the information, pw. 9, an elder of the community, had submitted another report at 7 a. m. , on the next day, which is marked as Ex. P. 2, stating that he too received information that the dead body of the deceased was found in the fields of A. 5.

(3.) THE police took up the investigation and examined several witnesses. Important among them is PW. 3, the maternal uncle of the deceased. Ultimately, it was alleged that the appellants herein, the father and son; A. 5, the brother of 1st appellant; A. 4, the son of A. 5; and A. 2, a relation of A. 1, have caused the death of the deceased, by forcibly administering pesticide to him. All the accused pleaded not guilty. The trial court convicted and sentenced the appellants herein, in the manner referred to above.