KOMMANAPALLI ADINARAYANA ALIASDARALU Vs. STATE OF A P

JUDGEMENT

(1.) THE appellants herein were tired as accused 1 to 4 in S. C. No. 154 of 2001 by the viii Additional District and Sessions Judge (FTC) Visakhapatnam for the offences punishable under Sections 449, 302, 302 r/w 34, 307 and 307 r/w 34 of IPC. The trial court having considered the oral and documentary evidence available on record, found them guilty and accordingly sentenced all the appellants to undergo rigorous imprisonment for two years and to pay a fine of Rs. 200/-each, in default, S. I. fora period of two months each, for the offence punishable under Section 450 of IPC. Further, the first appellant was sentenced to suffer rigorous imprisonment for a period of 10 years ana to pay a fine of Rs. 500/-, in default, to suffer simple imprisonment for a period of three months for the offence punishable under section 304 Part I of IPC, and was further sentenced to suffer rigorous imprisonrnentfor a period of five years and to pay a fine of rs. 300/-, in default, simple imprisonrnentfor two months for the offence punishable under section 326 of IPC and the appellants 2 to 4 were further sentenced to suffer rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 500/- each, in default, to suffer simple imprisonment for a period of three months for the offence punishable under section 304 Parti r/w 34 of I PC and they were further sentenced to suffer rigorous imprisonment for a period of five years and to pay a fine of Rs. 300/-each, in default, to suffer simple imprisonrnentfor a period of two months for the offence punishable under Section 326 r/w 34 of IPC. However, all the substantive sentences of imprisonment were ordered to run concurrently.

(2.) THE gravamen of the charge against the appellants is that on the intervening night of 24/25. 01. 2001, all of them in furtherance of their common intention, trespassed into the house of Lagudu Kondababu-P. W. 3 and the first appellant caused the death of his daughter lagadu Kumari (hereinafter called as 'the deceased') by pouring acid on her. In the course of the same transaction, the other appellants attempted to cause the death of lagudu Papa-P. W. 1 and Gavireddy Ammaji-P. W. 2.

(3.) THE case of the prosecution, as culled out during the course of trial, in brief, is as follows: