SYED SHAREEF Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The appellants/A1 and A2, were convicted and sentenced to rigorous imprisonment for life for the offence under Sec. 302 IPC vide judgment in S.C.No.424 of 2010, dtd. 15/9/2017, passed by the III Additional Metropolitan Sessions Judge, Hyderabad. Aggrieved by the same, present appeal is filed.

(2.) Briefly, the case of the prosecution is that the murder of Smt.Mehraj Fathima (D1) and her husband, Mohd.Ghouse (D2) took place in the house No.19/4/281/A/46/1. In the said house, D1, D2, P.W.2 (son of D1 and D2) were living. On 23/1/2009, around 2.00 p.m, while P.W.2 was flying a kite on the terrace of their house, at about 3.30 p.m, he heard his mother shouting loudly. Upon hearing the shouts, P.W.2 went on to the roof of the bathroom and saw A1 and A2 attacking D1 and D2 with axes and knives. P.W.2 then shouted "Abba Jan". Then, D2 asked P.W.2 to go to Munnu Chacha's house. P.W.2 got down to the ground floor, and while coming out of the house, he saw Sajid (boy juvenile, tried separately in Juvenile Court) standing in front of the house. Immediately, P.W.2 went to Mohd. Khaja @ pasha's house (cited as L.W.7 in the charge sheet, but not examined) and P.W.2 informed Mr.Pasha about the incident. From there, P.W.2 went to the house of P.W.1, who is the brother of D2 (maternal uncle of P.W.2) and informed P.W.1 about the incident. P.W.2 also went to the house of Mohd.Taj (P.W.3) and informed him. P.W.3 then went to the house of D1 and D2, along with his wife, and noticed that the doors were closed from inside. Then, P.W.3 forcibly opened the doors, went inside the house, and saw the dead bodies of D1 and D2. The wife of P.W.3, i.e., P.W.6, informed P.W.1 (brother of P.W.6). In turn, P.W.1 informed the police by lodging a complaint, Ex.P1.

(3.) In Ex.P1, which was lodged at 5.30 p.m, on 23/1/2009, P.W.1 narrated that D2 is his elder brother and D1 is the wife of D2. A1, A2, and the juvenile boy are the brothers of D1. In the same house, D1, D2, and his family were living in one portion, A1, A2, and their family members were living in another portion. The said house belongs to D1. She purchased the house in the year 1999 from the money that she received from her first husband after taking divorce. P.W.1, after receiving information from P.W.6, went to the house and found the dead bodies.