CHARKU SATTIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The appellant, Charku Sathiah, who figured as the 1st accused in the court below, was tried along with one Deverpalli Ramaiah, who figured as the 2nd accused, on a charge under Section 302 read with Section 34 I.P.C. which was framed in the following terms :

(2.) A similar charge was framed against the 2nd accused. The learned Sessions Judge has acquitted the 2nd accused and convicted the appellant of an offence under Section 302 I. P. C. and sentenced him to imprisonment for life. The result of the finding of the learned Sessions Judge is that the prosecution had failed to prove the existence of a common intention between the two accused and had also failed to prove that the appellant had administered poison to the deceased Malliah in furtherance of such a common intention.

(3.) The facts of the prosecution case lie within a narrow compass and are as fellows: The 2nd accused and the deceased were first cousins and at the time of the occurrence a civil suit between them with regard to certain lands was pending in the Court of the Munsif-Magistrate, Bhongir. The 2nd accused hoped to get the entire property if he succeeded in doing away with the deceased. The appellant had no motive whatever to do any harm to the deceased but it was alleged by the prosecution that be and the 2nd accused were close Friends and that the 2nd accused had procured poison and induced the appellant to administer it to the deceased through the medium of prasad.