DADI NARSI REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment of the 2nd Additional Sessions Judge, Nalgonda, dated 27-5-1997 rendered in S.C. No. 322 of 1995, under which while acquitting A-2 to A-13 of various charges framed against them the appellant - A-1 has been convicted for the offences punishable under Section 302, IPC and also for the offence punishable under Section 323, IPC and has been sentenced to undergo rigorous imprisonment for life for the offence under Section 302, IPC and to undergo rigorous imprisonment for one year for the offence under Section 323, IPC directing both the sentences to run concurrently.

(2.) The facts relating to this appeal may be stated briefly as follows :-

(3.) A-1 is the son of P.W. 2 and step son of the deceased. A-2 is the wife of A-1. All are residents of Gujja village. There have been disputes between P.W. 2, the father of A-1, who has married the deceased as second wife, and his children through her including P.W. 1, the son, in regard to properties of the family. It is in the evidence that some litigation has also been pending between P.W. 1 and P.W. 2 on one hand and A-1 on the other. It is stated that A-1 tried to interfere with P.W. 2's possession over the property and P.W. 2 filed a suit. It is also stated that another suit for injunction was also filed. In this background, the prosecution case is that on 16-7-1994 at about 6 p.m. all the accused armed with deadly weapons entered the house of the deceased-Dadi Venkatamma and while the deceased was talking with P.W. 2, A-1 and A-2 went there and dragged the deceased. When P.W. 2 interfered he was kicked by A-1. Thereafter A-1 and A-2 dragged the deceased out and A-1 hit her with a cart peg on all parts of the body and A-2 hit her with "Thumma Moddu" (log of acacia) on the chest, while the other accused were standing nearby. P.W. 2 brought the deceased inside with the assistance of his neighbours. P.W. 2 sent information of this incident to his son - P.W. 1, who has been living at Hyderabad, and on the next morning i.e., 17-7-1994, P.W. 1 after hearing the narration of the incident from P.W. 2, filed the first information report - Ex. P-1 at the Police Station. P.W. 8, the Sub-Inspector of Police, registered a case and issued FIR under Ex. P-7.