NETHETLA CHANDRAIAH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The appellant is accused No.1 in S.C.No.523 of 2013 on the file of the Court of Principal Sessions Judge at Karimnagar. The appellant was tried for the offence under Ss. 148, 302, 307 r/w 149 IPC along with A2 to A4. Learned Sessions Judge vide judgment dtd. 3/7/2015 in S.C.No.523 of 2013 found the appellant/A1 guilty of the offence punishable under Sec. 302 of IPC and sentenced to suffer imprisonment for life and also to pay fine of Rs.1,000.00, in default to suffer simple imprisonment for a period of three months. A2 to A4 were found not guilty of the offences punishable under Ss. 148, 302, 307 r/w 149 IPC and were acquitted. Aggrieved by the conviction, the appellant filed the present appeal.

(2.) Briefly, the case of the prosecution is that Ex.P1 was lodged by P.W.1 namely Godugu Samatha/P.W.1/defacto complainant. According to complainant, P.W.1, her sister Ch.Kavitha (P.W.3) and her brother Godugu Ramesh (P.W.2) are the children of Godugu Pochalu and Godugu Rajeshwari (deceased Nos.1 and 2 in this case). A1 is the uncle related to the defacto complainant. A1's daughter by name Deepa was not concentrating on her studies and committed suicide on 27/2/2012. Deepa, daughter of A1 and A2 used to visit the house of P.W.1 and after the death of Deepa, her father A1 found fault with Godugu Ramesh (P.W.2) that he was after Deepa expressing his love for her. A1 and his wife/A2 Nethetla Dhanalaxmi developed grudge against the family members of P.W.1 for the said reason. On 30/5/2012 at about 2.00 p.m, A1, A2, A3 and A4 along with Nethetla Santhosh (juvenile) and Nethetla Anjali (juvenile) all armed with sticks and axe made a sudden attack on the parents of P.W.1 and killed them on the spot and also caused injuries to P.W.1 and her sister Ch.Kavitha (P.W.3). The brother of P.W.1 managed to be inside the house bolting the door from inside and was saved from the attack by all accused.

(3.) Thereafter, P.W.1 lodged complaint with the police, Peddapalli at 15.00 hours on 30/5/2012. Basing on the said report, case in Crime NO.180 of 2012 under Sec. 147, 148, 302, 307 r/w 149 IPC was registered and the investigation was taken up by C.I of Police/P.W.18. After completion of investigation, chare sheet was laid against all accused for the offences under Ss. 147, 148, 302, 307 r/w 149 IPC.