CHAKALI AGAMAIAH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Memorandum of Criminal Appeal is filed under Sec. 374 (2) of Criminal Procedure Code, 1973 (for short 'Cr.P.C.') assailing the sentence and conviction passed by the learned VIII Additional District and Sessions Judge at Medak in SC No.69 of 2015, dtd. 21/12/2018, where under the appellants-A1 and A2 were convicted for the offence punishable under Sec. 302 r/w Sec. 34 of Indian Penal Code, 1860 (for short 'IPC') and sentenced to undergo Imprisonment for Life and to pay fine of Rs.2,000.00 each, in default of payment of fine they shall undergo Simple Imprisonment for a period of Six months each.

(2.) The case of the prosecution is that on 8/4/2014 at about 0200 hours, PW.1-B.Laxmi lodged a written complaint stating that on 6/4/2014, at about 8.00 P.M. her husband B.Narsimlu went to the house of G.Laxmi to obtain lease of her land. G.Laxmi has dragged her husband B.Narsimlu into the house and bolted the latches and called Chakali Agamaiah (A1). A1 and his younger brother Chakali Ashok (A2) were having illegal intimacy with G.Laxmi, went there with axes, fortunately he escaped from there. As such, A1 and A2 developed grudge against her husband B.Narsimlu thinking that her husband is also having illegal intimacy with G.Laxmi.

(3.) The learned trial Court has framed charge under Sec. 302 of IPC against the accused and proceeded with the trial.