KANDULA LINGAM Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Accused Nos.2 to 4 in S.C.No.223 of 2008 on the file of the Additional Metropolitan Sessions Judge, Cyberabad at NTR Nagar, Hyderabad, are the appellants herein. Originally accused Nos.1 to 7, were tried for the offences punishable under Sections 302, 201 and 212 read with 34 IPC. Pending trial, the case against accused No.1 abated as he dead. By its judgment dated 14.05.2012, the learned Sessions Judge, while acquitting accused Nos.5 to 7 of all the charges, convicted accused Nos.2 to 4 for the offence punishable under Sec. 302 read with 34 Penal Code and sentenced them to suffer imprisonment for life and to pay a fine of Rs. 1,000.00 each in default to suffer simple imprisonment for six months. Accused Nos.2 to 4 were also convicted for the offence punishable under Sec. 201 read with 34 Penal Code and sentenced to suffer rigorous imprisonment for a period of three years and to pay a fine of Rs. 500.00 each in default to suffer simple imprisonment for a period of one month. The substantive sentences were directed to run concurrently.

(2.) The gravamen of the charge against the accused is that on 25.09.2005 at about 8.30 hours, near Vanga Anantha Reddy Gardens, within the limits of Karmanghat village, accused Nos.1 to 4 caused the death of one Nakka Raghu (hereinafter referred to as "the deceased") by stabbing him with swords and late threw the swords in Saroornagar tank, so as to screen the evidence.

(3.) The facts as culled out from the evidence of the prosecution witnesses are as under: