KOTHAPALLI GOPI Vs. STATE OF A P

JUDGEMENT

(1.) THIS is an appeal by the convicted accused 1 and 2 in S. C. No. 131 of 2006 on the file of III Additional Sessions Judge, Tirupathi wherein the accused were tried for two charges; under Section 302 IPC for causing the death of p. Venkateshachary (hereinafter referred to as "the deceased") and under Section 201 IPC for setting fire to the face of the deceased with an intention to conceal the identity of the deceased.

(2.) THE appellants were convicted under Section 302 IPC and sentenced to suffer imprisonment for life and to pay fine of Rs. 500/-, in default to suffer simple imprisonment for one month; they were further convicted for the offence under Section 201 IPC and sentenced to undergo rigorous imprisonment for seven years and to pay fine of Rs. 500/-, in default to suffer imprisonment for one month. Both the sentences are directed to run concurrently.

(3.) THE case of the prosecution as emanated during the course of trial is that the deceased is the resident of Gollapalle Village, Vedurukuppam Mandal, chittoor District. Kothapalli Gopi-A1 is the resident of Pachikapalam harijanawada, Kaveri Chengaiah-A2 is the resident of Athimanjeripet, Tamil Nadu state. Both the accused and the deceased are close friends, used to meet and celebrate parties once in a fortnight prior to the date of offence. P. W. 1-Omkarachary, who is the brother-in-law of the deceased, running a welding shop at Pachikapalem. On 29-01-2006 at around 3 P. M. both the accused went to the workshop of P. W. 1 and invited the deceased for tea. Thereupon the deceased followed both the accused and do not return home even by night or next day morning. On 30-01-2006 P. W. 2 found the dead body of the deceased without clothes and partly burnt hair lying in the bushes at Bodabandla Hillock and also noticing both the accused running from that place after seeing P. W. 2. Immediately he went to the village and informed the same to P. W. 1. Thereupon, P. W. 1 along with P. W. 2 and others proceeded to Bodabandla and noticed the dead body with injuries over rear head and below right ear and face was appeared to be burnt. P. W. 1 suspecting both the accused presented Ex. P1-complaint to the Assistant Sub-Inspector of Police, vedurukuppam Police Station-P. W. 13, who in turn registered a case in Cr. No. 3 of 2006 under Sections 302 and 201 IPC and issued Ex. P9-FIR and informed to the circle Inspector of Police-P. W. 14 over phone.