CHAND BASHA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The appellants 1 to 3 herein are the accused in SC No.276 of 1997 on the file of the Additional Sessions Judge, Hindupur. A1 was tried on a charge under Section 302, IPC and A2 and A3 on a charge under Section 302 read with Section 107, IPC. They were found guilty and convicted and sentenced to suffer imprisonment for life under Section 302, IPC by the judgment of the trial Court in SC No.276 of 1997 dated 9-9-1998.

(2.) The gravamen of the charge against the accused-appellants is that on 20-11-1996, around 10.30 p.m. while A2 was passing on the rastha in front of the house of the deceased, an altercation took place over the barking of a dog at A2 in which A2 and A3 held the deceased and A2 stabbed him on his vital parts resulting in his death.

(3.) In order to justify the charges against the accused, the prosecution examined as many as eight witnesses Exs. Pl to P8 and Exs.C1 to C3 - wound certificates issued to A1, A3 and A3 were also marked by the Court in respect of the injuries received by them during the same altercation. On behalf of the accused, DW1 was examined and got marked Exs.D1 to D5. The gist of the prosecution as found from the evidence of the witnesses, particularly the evidence of PWs. 1, 2 and 3, was put to the accused under Section 313, Cr.PC. The accused, however, denied the allegations and pleaded not guilty. However, the trial Court believed the version of the prosecution and found the accused guilty and convicted and sentenced them as indicated above.