RIHANA BEGUM Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This appeal is filed against the Judgment dtd. 18/7/2014 in S.C.No.550 of 2013, passed by the learned Principal Sessions Judge, Karimnagar.

(2.) The case of the prosecution is that as per the complaint dtd. 19/3/2013 given by the brother of the deceased, A.1 and A.2 alleged to have committed murder of the deceased. To prove the guilt of the accused, prosecution examined P.Ws.1 to 17 and marked Exs.P1 to P13 on their behalf and also marked M.Os.1 and 2. The trial Court after considering the oral and documentary evidence on record, convicted A.1 and A.2 under Sec. 235(2) of Cr.P.C and sentenced them to undergo imprisonment for life and also to pay a fine of Rs.100.00, in default to suffer Simple Imprisonment for a period of one month each for the offence punishable under Sec. 302 r/w 34 of IPC. Aggrieved by the said Judgment, accused preferred the present appeal.

(3.) The learned Counsel for the appellants/accused mainly contended that the trial Court erred in convicting the accused basing on the evidence of P.Ws.1 to 14. There are no eye witnesses to the occurrence. In the investigation made by P.Ws.16 and 17, there was no disclosure of finger prints of A.1 and A.2 from the body of the deceased. As per the evidence of P.W.8, A.2 would get job on voluntary retirement of deceased 5 years prior to retirement, as such the death of the deceased would not fetch any employment to A.2, but the trial Court erred in appreciating the evidence of witnesses. The brother of A.2 was not examined by the prosecution and it was stated in the trial Court that A.1 was always quarreling with the deceased regarding house site and also regarding the employment of A.2 and thus it was stated that there is no probability for the third person to commit offence. Therefore, requested the Court to set aside the Judgment passed by the trial Court.