KORRA REDDY MOHAN Vs. STATE OF A.P.

JUDGEMENT

(1.) The Hon'ble Sri Justice C.V.Nagarjuna Reddy and The Hon'ble Sri Justice T.Amarnath Goud Between: Korra Reddy Mohan @ Mohan ... Appellant and The State of Andhra Pradesh Rep. by its Public Prosecutor High Court of Andhra Pradesh, Hyderabad ... Respondent Counsel for the Appellant : Sri D.Kodanda Rami Reddy Counsel for the respondent : Public Prosecutor (AP) The Court made the following: Judgment: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) The sole accused in Sessions Case No.447 of 2010 on the file of learned II Additional District and Sessions Judge, Chittoor, at Madanapalle, filed this Appeal, feeling aggrieved by his conviction for the offences punishable under Sections 449, 302 and 404 I.P.C., and sentencing him (i) to undergo Rigorous Imprisonment for seven years and also to pay a fine of Rs.500/- and, in default of payment of fine, to suffer simple imprisonment for two months for the offence punishable under Section 449 I.P.C.; (ii) to undergo Imprisonment for Life and also to pay a fine of Rs.500/- and, in default of payment of fine, to suffer Simple Imprisonment for two months for the offence punishable under Section 302 I.P.C. and; (iii) to undergo Simple Imprisonment for a period of two years and also to pay a fine of Rs.300/- and, in default of payment of fine, to undergo Simple Imprisonment for one month for the offence punishable under Section 404 I.P.C. The Court below did not indicate as to whether the sentences shall run concurrently or not.

(2.) The gravamen of the allegation against the appellant is that on 08.11.2009 at about 2.30 p.m., he caused the death of one Bojanapu Akkulamma (hereinafter referred to as 'the deceased'), who was the mother of P.W.1 and mother-in-law of P.W.2, and committed the theft of jewellery from her house.

(3.) Based on the charge sheet filed and the material collected during the investigation by the Police, the Court below framed the following charges. "Firstly: