BOMMI REDDY MOHAN REDDY AND ORS. Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is filed by the appellants/accused Nos.1 to 4, against the Judgment, dtd. 21/6/2012, in Sessions Case No.14 of 2011, on the file of the Additional Sessions Judge, Hindupur (for short, the trial Court). The trial Court convicted the appellants for the offence punishable under Sec. 452 IPC and sentenced them to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.1,000.00 each, in default, to suffer simple imprisonment for two months. Appellant Nos.1 and 2 were also convicted for the offence punishable under Sec. 302 IPC., and Appellant Nos.3 and 4 were convicted for the offence punishable under Sec. 302 read with Sec. 34 IPC., and sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000.00 each, in default, to suffer simple imprisonment for six months. Appellant No.2 was also convicted for the offence punishable under Sec. 307 IPC., and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.2,000.00, in default, to suffer simple imprisonment for a period of three months. It was directed that the sentences imposed on A.2 shall run concurrently.

(2.) Briefly stated, the case of the prosecution is that PW.1 is the son of one Roddam Umadevi (hereinafter referred to as the deceased), who came down to Tanakallu Village, after discarding her husband and started living with her children by running a hotel since 15 years prior to her death. Since two years prior to the date of incident, A.1 developed illicit intimacy with the deceased and was staying in her house. The deceased purchased Sai Family Restaurant Dhaba, situated near Mandlipallil Village of Tanakallu Mandal, by investing huge amount and entrusted to A.1 for maintenance. Six months prior to the date of incident, the said Dhaba Hotel was closed due to losses. The deceased demanded A.1 for repayment of the loan amount advanced to him and thereupon, disputes arose between them and in the panchayat, it was decided that A.1 should pay Rs.80,000.00 to the deceased, but A.1 did not pay the said amount. About one week prior to the date of incident, while A.1 was going in front of the hotel of the deceased at Tanakallu Village, the deceased picked up quarrel with him for repayment of the amount and also abused him in filthy language and insulted him in the public.

(3.) While so, on the intervening night of 9/10/5/2010 at about 1.00 am., when the deceased was sleeping along with her grandson- PW.2 on a cot in her hotel at Tanakallu, A.1 to A.4 with a common intention to kill her, trespassed into her hotel, and A.1 beat on her head and caused bleeding injuries, while A.3 and A.4 caught hold of the deceased. Upon hearing the cries of the deceased, when PW.2 woke up and witnessed the incident, A.2 beat him with a wooden reaper on his head and caused bleeding injury. On receipt of the information, PW.1 rushed to the place of incident along with PW.7 and shifted the deceased and PW.2 to the Primary Health Centre, Tanakallu, where P.W.10-the doctor gave first aid and referred them to the Government Hospital, Kadiri, where the doctor declared the deceased dead. PW.1 lodged Ex.P.1-complaint in Tanakallu Police Station, upon which, PW.14, Sub-Inspector of Police, Tanakallu Police Station, registered a case in Crime No.28 of 2010 for the offence punishable under Ss. 324, 302 read with Sec. 34 IPC. PW.17, Inspector of Police, Kadiri, took up investigation, recorded the statements of witnesses, conducted inquest over the dead body of the deceased in the presence of PW.13, LW.10-Kanumula Balaraju and LW.21-K.S.Gurunatha. PW.13 conducted scene of offence panchanama Ex.P.6 and seized the material objects in the presence of mediators. After completion of the investigation, PW.17 filed the charge sheet.