SONTI NAGARAJU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) These two appeals arise out of the same judgment dtd. 8/6/2012 in Sessions Case No.330 of 2009 on the file of the XI Additional District and Sessions Judge, Krishna at Gudivada.

(2.) The appellants are the accused in the aforementioned sessions case. They were charged for the offences punishable under Ss. 120-B, 449, 452, 302, 201, 203 r/w. Sec. 34 I.P.C. The accusation against the accused in brief is that, accused No.2 had illicit intimacy with accused No.1, a mason who worked along with the deceased husband of A2 and that, as the deceased was coming in the way of their illegal relationship, the accused decided to do away with the life of the former and that in furtherance of the said common object, they strangulated the deceased in his own house at around 7.45 p.m. on 30/12/2007.

(3.) Though PW-1, the brother of the deceased gave Ex.P-1 - report, which was received at 2 p.m. on 31/12/2007 in Gudivada I Town Police Station by PW-16, the then A.S.I. of Gudivada Police Station, wherein he specifically alleged that A2 was having illicit intimacy with another person and that he also definitely knew that the deceased did not die due to suicide but it was a case of homicide, for the reasons best known to the police, they have registered Ex.P21 - F.I.R. under Sec. 174 Cr.P.C. (suspicious death), showing the deceased himself as a suspect/accused, without even showing the accused, at least as suspects, if not as accused.