CHAKALI BASSAMMA Vs. STATE OF A. P.

JUDGEMENT

(1.) Both these criminal appeals are disposed of by this common Judgment as they arise out of the same Judgment, dated 04.09.2012, in S.C.No.101 of 2011 on the file of the Special Sessions Judge for Trial of Cases under SCs and STs (POA) Act-cum-VII Additional District and Sessions Judge, Mahabubnagar.

(2.) Criminal Appeal No.1047 of 2012 is filed by Accused No.3 viz., Smt.Chakali Bassamma whereas Criminal Appeal No.1151 of 2012 is filed by Accused Nos.1 and 2 viz., Chakali Veerappa and Chakali Devappa @ Devender, in Sessions Case No.101 of 2011 whereby and whereunder A.1 to A.3 were convicted under Section 235 (2) of the Criminal Procedure Code (in short, 'Cr.P.C.') and sentenced to suffer rigorous imprisonment(in short 'R.I.') for six months for the offence under Section 342 of Indian Penal Code (in short, 'IPC'), and further convicted and sentenced to suffer R.I. for ten years and to pay a fine of Rs.1,000/- each for the offence under Section 3(2)(v) of SC/ST (POA) Act, 1989, and in default of payment of fine, to suffer simple imprisonment (in short, 'S.I.') for one month. Further, A.1 and A.2 were sentenced to suffer R.I. for life for the offence under Section 302 IPC, whereas A.3 was sentenced to suffer R.I. for five years for the offence punishable under Section 302 r/w 34 IPC.

(3.) Briefly, the facts are that on 31.12.2009 around 2.00 p.m., one Karnam Yashuvardhan, P.W.5, gave a report (Ex.P.2) at Damargidda Police Station, Mahabubnagar District, wherein he has stated that"I, Karunam Sri Yeshovardhna S/o.Sathyanarayan, age: 40 yrs, occ: Munnr Kapur, Occ: Sarpanch, R/o.Kandenapally village. Do hereby inform that today 31-12-09 at the early hours at 3.00 a.m., while I was sleeping in the house our villager One Harijan Mogulappa knocked our doors and woke up me on opening the doors I saw Mogulappa and our villagers Dasari Venkatamma, Dasari Chandrappa and Dasari Narsappa informed me that in the house of Chakali Narandhamma the brother-in-laws of Chakali Narandhamma viz., Chakali veerappa S/o.Chinna Gopalu, age: 40 yrs, and his brother Devappa @ Devender beat Sri Dasappa and Narandhamma beat and kill them, immediately I along with Hari went to the house of Chakali Narandhamma and saw the house was locked. The Kavalkar Ashappa broken the lock of the door and went inside the house and saw Sri Hanmanth Dasu @ Addasu @ Dasappa S/o Balappa, age : 38 yrs, was tied to a pole with plastic rope and beat him on his head with sticks and also on other parts of the body. Chakali Narandhamma was also having injuries on her head and hands and was fell down unconscious near Dasappa. Since 4 years there is illegal contact with Dasappa by Chakali Narandhamma. Last year also on the festival of Moharam (Peerla Panduga) the said Chakali Veerappa and Chakali Devappa @ Devender warned Dasappa to stop the illegal contacts with their sister-in-law and beat him and also injured him if the illegal contacts are not stopped they are going to kill him, and also threatened him. In that series today on 31-12-09 at 2 hours in the early hours the deceased came to the house of Chakali Narandhamma and was along with Narandhamma, the same was observed and beat him and killed Dasappa mean while when Narandhamma intervened she was also beaten and she fell unconscious. The injured Narandhamma was shifted in 108 to Govt Hospital Narayanpet for treatment purpose."