MALLUGALLA YESU A1 Vs. STATE OF TELANGANA

JUDGEMENT

(1.) These appeals are preferred being aggrieved by the judgment dtd. 11/12/2014 passed by the VIII Additional District and Sessions Judge, at Medak, in S.C.No.247 of 2013 whereunder, the trial Court found all the accused guilty for the offences punishable under Ss. 364, 302 read with 34 and 201 of IPC and convicted them under Sec. 235(2) of Cr.P.C., and sentenced to undergo imprisonment for life and to pay a fine of Rs.5000.00 each, for offence under Sec. 302 read with 34 of IPC. Further, to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.5000.00 each, for offence under Sec. 364 of IPC. Furthermore, to undergo simple imprisonment for a period of three years and to pay a fine of Rs.5000.00 each, for offence under Sec. 201 of IPC. All the sentences were directed to run concurrently.

(2.) Aggrieved thereby, accused Nos.1 and 2 filed Crl.A.No.1415 of 2014 and accused No.3 filed Crl.A.No.1426 of 2014 challenging the judgment dtd. 11/12/2014 in S.C.No.247 of 2013.

(3.) The case of the prosecution before the trial Court is that one Mallugalla Srisailam is the deceased. The deceased and accused No.1 are kinsmen and have land dispute. The father of accused No.1 did not share the land equally to the deceased and in this regard there were frequent quarrels between the accused No.1 and deceased. Whenever the accused Nos.1 to 3 were found by the deceased, he abused and threatened them to kill. Accused Nos.2 and 3 move friendly with accused No.1. Accused No.1 planned to kill the deceased, as such, on 10/2/2013 at about 21:00 hours, accused Nos.1 to 3 went to the house of the deceased and forcibly took him out of the house and went to outskirts of Marelly Village at Srisailam, agriculture field and consumed liquor. The deceased consumed large quantity of liquor, whereas, the accused Nos.1 to 3 consumed less quantity.