DANAKKA SHANKARAIAH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This appeal is filed by appellant/A1, aggrieved by the conviction recorded by the Judge, Family Court, Mahabubnagar, in S.C.No.276 of 2015, dtd. 29/1/2018. The appellant was convicted for the offence under Sec. 302 of the Indian Penal Code, and sentenced to undergo Life Imprisonment and to pay a fine of Rs.1,000.00 for the offence under Sec. 302 of IPC.

(2.) The appellant, who was arrayed as Accused No.1, was prosecuted along with A2 to A6 for the offences under Ss. 147, 148, and 302 r/w.149 of the Indian Penal Code. The learned Sessions Judge found that A2 to A6 were not complicit in the offence committed, and accordingly, acquitted them. The conviction was recorded only against the appellant who is now before this Court.

(3.) PW.1 lodged a complaint with the Police at 9.30 hours on 6/6/2014, alleging that there were disputes between the appellant and his family. The husband of PW.1, namely Adrushtam (deceased), went to his fields on the previous day, i.e., on 5/6/2014 at about 10.00 P.M., and ploughed their agricultural land. While the deceased was returning in the morning around 5.50 A.M., the appellant-A1 and A2 to A6 (acquitted) attacked the deceased with an intention to kill him. He was caught and his vehicle was stopped. A1 and A2 dragged him. The appellant and others attacked the deceased with sticks and Axes. In the complaint, PW.1 further narrated that PW.3, PW.4, and other relatives were present. On witnessing the incident, the relative, B.Ramulamma (not examined), went and informed PW.1 about the incident. PW.1 further narrated that the appellant and all the other accused threw chilli powder into the eyes of the deceased and hacked him.