EESARAPU PYDIRAJU Vs. STATE OF A P

JUDGEMENT

(1.) This appeal is by accused No.2 in Sessions Case No. 102 of 1993 on the file of learned Metropolitan Sessions Judge, Visakhapatnam. The learned Sessions Judge by his judgment dated 17th July, 1997 convicted the appellant herein for the offences punishable under Sections 302 and 307 read with Section 34 IPC and also Section 324 IPC and sentenced him to undergo imprisonment for life and to paya fine of Rs.1,000/-, in default to undergo simple imprisonment for a period of six months; rigorous imprisonment for a period of five years and to pay a fine of Rs. 1,000/- and in default to undergo simple imprisonment for a period of six months; and one year rigorous imprisonment and to pay a fine of Rs.500/- and in default to undergo simple imprisonment for a period of three months respectively and the sentences were directed to run concurrently. The learned Sessions Judge framed five charges against this appellant and accused No. 1 who is the brother of this appellant. However, since A1 died during the trial of the case, the appellant herein alone was tried for the offence.

(2.) The case of the prosecution reads as follows: PWs.1 to 6 and the accused are residents of Esarapuvanipalem, hamlet of Devada, within the limits of Gajuwaka Police Station. Both the deceased were also the residents of the same village. The first deceased is the daughter of second deceased. PW1 (Eesarapu Demudu) is the Upa Sarpanch of Devada Gram Panchyat. PW2 (p. Appala Narasamma) is the mother of PW3 (E. Narsinga Rao) is the brother-in-law of the first deceased. A1 and A2 are brothers.

(3.) About 24 years back PW1 purchased 30 cents of land from the father of Al for Rs. 150/-. Later he sold the said land to PW5 about 16 years back for Rs.200/-. Three days prior to the date of incident i.e. 18-8-1991, there was a dispute between A1 and PW5 (Dakarapu Konda) with regard to the said land and there was a panchayat before PW6 (Maddi Reddy), the second deceased and another. It is alleged that the second deceased abused A1 in the said panchayat for which A1 decided to do away with family of the second deceased.