SHAI PASHAMIYA Vs. THE STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The sole accused in Sessions Case No.283 of 2010 on the file of the VII Additional District and Sessions Judge, (FTC), Vijayawada, filed this Criminal Appeal against Judgment, dtd. 3/6/2011, passed therein, whereby he was convicted for the offences punishable under Ss. 302 and 411 IPC and sentenced to undergo Imprisonment for Life and also to pay a fine of Rs.500.00, and in default of payment of fine, to suffer Simple Imprisonment for three months for the former offence and to undergo Rigorous Imprisonment for one year for the latter offence. The case of the Prosecution, as set out in the charge sheet, is briefly stated hereunder:

(2.) The appellant/accused belonged to Vallabhapuram Village in Nakirekallu Mandal of Nalgonda District. He had no fixed place of abode and used to stay at Dargahs for his health. One Indana Chiranjeevi (hereinafter referred to as D.1.') was the BSF Security guard at Kondapalli Khilla and Md.Rahiman (herineafter referred to as 'D.2') was the resident of Bommala Colony, Khilla Road, Kondapalli. The appellant developed grudge against D.1 as the latter refused his entrance into Galib Shaheed Dargah situated in the premises of Kondapalli Khilla and against D.2 as the latter spoiled his marriage with one Nazeema of Gunadala. About one week prior to the incident, there was a quarrel between the appellant and D.2 on that count.

(3.) On 16/6/2010 at about 1.00 p.m., PW.1, who is the caretaker of Kondapalli Khilla, gave Ex.P.1- Police Report to the effect that at about 10.00 a.m., on that day, the Chowkidar of Galib Shaheed Dargah informed him that he noticed the dead bodies of D.1 and D.2 with head injuries at the door way and the restroom respectively of the Dargah. Immediately, PW.1 went to the said Dargah and saw the dead bodies of D.1 and D.2 and a bloodstained cement brick present by the side of D.2 and the appellant was suspected to be responsible for the same. PW.13- Sub-Inspector of Police, Ibrahimpatnam Police Station registered the same as Crime No.267 of 2010 for the offence punishable under Sec. 302 IPC and submitted express FIRs to all the concerned officers.