BHEEMANOLLA DASU Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Appeal has been filed under Sec. 374(2) of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'), by the sole accused in Sessions Case No.258 of 2013 on the file of the Principal Sessions Judge, Adilabad. The appeal challenges the sentence of conviction recorded by the trial Court vide Judgment dtd. 23/11/2015 where under the trial Court found him guilty for the offenses punishable under Ss. 302 and 379 of the Indian Penal Code, 1860 (for brevity, 'IPC') and convicted him under Sec. 235(2) of Cr.P.C.

(2.) The appellant-accused was sentenced to undergo life imprisonment and to pay a fine of Rs.5,000.00 and in default of payment of fine, the accused shall suffer simple imprisonment for three months for the offence under Sec. 302 of IPC and the appellant was further sentenced to suffer rigorous imprisonment for a period of three years and to pay fine of Rs.1,000.00 in default of payment of fine, he shall suffer simple imprisonment for one month for the offence under Sec. 379 of IPC. The trial Court directed that both the above referred sentences would run concurrently and any remand period, if applicable, would be given set off.

(3.) The appellant has filed the present appeal on the ground that the trial Court committed a grave error by convicting him for the above referred offences on the basis of insufficient evidence. The trial Court failed to recognize that the evidence presented by the prosecution was highly insufficient and did not adequately address the discrepancies and contradictions in the testimony of prosecution witnesses. The appellant also contends that the trial court overlooked their arguments regarding the inconsistency in the evidence of PWs.1, 2, 3 and 16, and should not have accepted the prosecution's case concerning the alleged incident. Consequently, the appellant seeks to set aside the impugned Judgment and requests acquittal.