LAWS(APH)-2018-12-18

MONDI AMBAIAH ANOTHER Vs. STATE OF A P

Decided On December 28, 2018
Mondi Ambaiah Another Appellant
V/S
STATE OF A P Respondents

JUDGEMENT

(1.) This Criminal Appeal is preferred by the appellants/A.1 and A.2 challenging the Judgment, dated 17.01.2013, passed in Sessions Case No.353 of 2012 by the learned Principal Sessions Judge, Medak at Sangareddy, whereby the learned Principal Sessions Judge found the appellants/A.1 and A.2 guilty for the offences under Sections 302 and 324 IPC and accordingly convicted, and sentenced them to suffer imprisonment for life and to pay a fine of Rs.10,000/- (Rupees ten thousand only) each, in default, to undergo rigorous imprisonment for a period of six months each, for the offence punishable under Section 302 IPC. The learned Judge further sentenced them to undergo rigorous imprisonment for a period of one year each and to pay a fine of Rs.1,000/- (Rupees one thousand only) each, in default, to undergo simple imprisonment for a period of two months each, for the offence punishable under Section 324 IPC.

(2.) Heard the learned counsel for the appellants/A.1 and A.2 and the learned Public Prosecutor for the State of Telangana.

(3.) The case of the prosecution is that on 13.05.2012 at about 19.00 hours, while the complainant and her husband Mondi Yeshaiah (deceased) were at their house, the deceased asked his brother-in-law, A.2 about hand loan of Rs.40/- on which, A.2 picked up a quarrel with the deceased. Meanwhile, A.1 beat the deceased with an iron chair, while A.2 beat the deceased with a stick and caused cut injuries. When the complainant intervened to rescue the deceased, A.1 and A.2 also beat on her face and hands. She made hue and cries. Neighbours came and on seeing them, the accused went away. The deceased fell unconscious. The complainant took him to a local doctor, who stated that the condition of the deceased was serious. On 14.05.2012, the complainant shifted the deceased to the Government Hospital, Narayankhed, where he was declared dead. On the same day, the complainant made a complaint before the SHO, Narayankhed and the Police registered Crime No.63 of 2012 for the offences punishable under Sections 302 and 324 IPC. The appellants/A.1 and A.2 were arrested and after concluding the investigation, charge sheet was filed against the accused for the same offences.