SIRIMA NARASIMHA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THESE three Criminal Appeals are directed against the judgment dated 10th January, 2008 passed in S. C. No. 242 of 2004 on the file of X Additional Sessions Judge (FTC)of Guntur at Narasaraopet, whereby and whereunder the learned Additional Sessions judge found A1 Kalli Veer a Rajeswari @ chinna, A2 Manepalli Bala Koteswara rao @ Bala @ Balaiah, A3 Manepalli subbarao, A4 Sirima Narasimha Rao and a5 Timirisa Krishna Prasad guilty for the offences under Section 120-B read with 34 ipc and Section 302 read with 34 IPC and convicted them accordingly sentenced A1 to A5 to suffer rigorous imprisonment for two years and pay a fine of Rs. 5,000/- in default to suffer simple imprisonment for one month each and A1 to A4 to suffer imprisonment for life and pay a fine of rs. 5,000/- in default to suffer simple imprisonment for two months each for the offence under Section 302 read with 34 ipc and A5 to suffer imprisonment for life and pay a fine of Rs. 1,000/- in default to suffer simple imprisonment for one month for the offence under Section 302 read with 34 IPC. However, the learned Additional sessions Judge found A1 to A5 not guilty for the offence under Section 201 read with 34 IPC and acquitted them accordingly.

(2.) FIVE accused persons were put on trial before the X Additional District and sessions Judge, (FTC), of Guntur at narasaraopet for the charges under Sections 120-B read with 34, 302 read with 34 and 201 read with 34 IPC. The prosecution examined 27 witnesses and exhibited 22 documents and marked 10 material objects to bring home the guilt of the accused for the offences with which they stood charged.

(3.) THE case of the prosecution as set out from the witnesses examined on its behalf, in brief, is: a1 is wife of K. Subba Reddy. PW2 kalli Ramireddy and PW3 Adapa ramadevi are their children. PW4 Adapa venkata Sivareddy is son-in-law of A1 and Subba Reddy being the husband of their daughter PW3. PW12 Devagiri subbareddy is brother-in-law of A1 being the husband of her elder sister. PW 13 K. Subba Reddy and PW15 Manukonda nehru Reddy are cousins of A1. Except pw4, all of them are residents of manakondavaripalem. A2 and A3 are father and son and residents of Chilakaluripeta. A2 has a Khadi Bhandar Shop at Chilakaluripeta. He is native of Bhattiprolu and he shifted his residents to Chilakaluripeta about 15 years prior to the occurrence. He developed intimacy with A1 after few years of shifting his residence to Chilakapluripeta. Subba reddy, his children and his relatives knew their intimacy. A1 was helping A2 by providing milk, pulses etc. A1 used to stay with A2 during night times. A2 fixed the marriage of his daughter-Jyothi and sought for financial help from A1 who in turn asked her husband Subba Reddy to provide rs. 2. 00 lakhs for performing the marriage of Jyothi. Subba Reddy refused to provide rs. 2. 00 lakhs. It is the version of the prosecution that A1 and A2 made up their mind to eliminate Subba Reddy so as to secure control over the properties owned by him. They allegedly hatched a conspiracy with A3 to A5 to eliminate Subba Reddy. The role ascribed to A5 who is a RMP doctor was to administer poisonous injection to Subba Reddy. About five or six months prior to the occurrence, PW15 claims to have found A1 , A2 and A5 at the house of a1, and heard A5 informing A1 and A2 cost of the injection to be administered as rs. 3,500/ -. PW16 Narasani Kotireddy claims that about 15 days prior to the occurrence, he witnesses A1 questioning a5 at the shop of A2 in Chilakaluripet as to when he would administer injection and asked a5 to administer injection at the earliest possible time and that A5 informed cost of the injection as Rs. 3,500/ -.