P RAJ KUMAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) A1 to A3 in SC No.421 of 1994 on the file of the learned Sessions Judge, Medak at Sangareddy are the appellants herein. Originally A1 to A4 were tried under two charges and A1 to A3 were convicted and sentenced and A4 was acquitted of the charges framed against him.

(2.) The accused were charged for causing the death of Smt. Policeptel Laxmibai (hereinafter called the "deceased 1 (D1)" and Smt. Police patel Hemavathi (hereinafter called the "deceased 2 (D2)" on 4-2-1992 at about 7.00 p.m. by stabbing with knives (MOs.9 and 10) and thereby they committed an offence punishable under Section 302 of the Indian Penal Code. They were also charged to have conspired among themselves to kill the deceased and thereby they committed an offence punishable under Section 120-B of the Indian Penal Code. They were tried for the offences committed and A1 to A3 were convicted under Section 302 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.1000/- each and in default to suffer rigorous imprisonment for six months by the learned Sessions Judge. However, the learned Sessions Judge acquitted all the accused of the charges framed for the offence under Section 120-B of the Indian Penal Code. A4 was acquitted of all the charges framed against him. Challenging the conviction and the sentence imposed on them by the learned Sessions Judge, A1 to A3 filed the criminal appeal.

(3.) The facts of the case, as unfolded by the prosecution, briefly stated, are as follows: PWs.2 and 14 are the sisters and the grand daughters of D1 and D2. One Godavari is the daughter of D1 and the mother of PWs.2 and 14. D1 and D2 are the two wives of one Sharanappa and one Sangappa is his brother. One Veerasetty is the son of Sangappa and the father of A1 to A3. A1 to A3 are the cousins of Godavari, the mother of PWs.2 and 14. D1 and her daughter Godavari had no male issues. Veerasetty, who is having five sons, including A1 to A3, was asking Godavari to take his son in adoption, but she was prolonging the matter. As she was prolonging the matter, Veerasetty used to harass the deceased. PW3 is the father-in- law of PW2, who married his son. PW3's son was given in illatom to PW2. Seven months prior to the alleged incident the son of PW3 went to the house of PW2 as illatom son-in-law of Godavari. On seeing this, Veerasetty threatened PW3 with dire consequences if his son was given in adoption. A month later when Veerasetty threatened to kill PW2, she was sent to the house of PW3.