DARAGONI SRINU Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence dtd. 17/3/2015 in S.C.No.141 of 2013 on the file of the Judge, Family Court-cum-VIII Additional Sessions Judge, Mahabubnagar, whereby, the appellant/accused No.5 (hereinafter 'the accused') was sentenced to undergo imprisonment for life and to pay fine of Rs.50,000.00, in default simple imprisonment for six months for the offence under Sec. 302 of IPC; also sentenced to undergo rigorous imprisonment for a period of three years and to pay fine of Rs.500.00, in default simple imprisonment for three months each for the offences under Ss. 25(1), 27 of the Indian Arms Act and Sec. 20 of the Unlawful Activities Prevention Act (UAP), 1967. Both the sentences of imprisonment were directed to run concurrently.

(2.) Briefly, the case of the prosecution is that the deceased namely Ramavath Panthu Naik who was MPP of Amangal, resident of Mysigandi Village is a congress leader. The appellant was a member of Maoist group of Nallamalla L.G.S. He joined the said group attracted by their ideology. The case is that the said Ramavath Panthu Naik/deceased was killed in a temple of Mysigandi on 1/12/2007 at 8am. It is further case of the prosecution that the appellant and another went to the said temple and found that the deceased was going round the temple. Then the appellant attacked and fired two rounds with AK- 47 gun on his back, resulting in the instantaneous death of the deceased. Thereafter, they escaped from the scene.

(3.) The police registered the case and after investigation filed charge sheet under Ss. Sec. 302 of IPC and Ss. 25(1), 27 of the Indian Arms Act and also Sec. 20 of the Unlawful Activities Prevention Act, 1967. Since Accused No.2 died during investigation and Accused Nos.1, 3, 4 and 6 were shown as absconding, only the appellant and Accused No.7 were prosecuted before the Sessions Court. Charges were framed under Sec. 302 and 120-B of IPC for murder having entered into conspiracy and under Sec. 25(1) of Arms Act and 27(1) of Arms Act R/w Sec. 20 of UAP Act for being in possession of AK-47 gun to use it for unlawful purposes.