SYED AHMED Vs. STATE OF A.P.

JUDGEMENT

(1.) The appellants (accused Nos. 1 and 2) in both these Criminal Appeals, namely Crl. A. Nos. 1087, and 1032 of 2012 respectively, have challenged the impugned judgment dated 23-07-2012, passed by the Special Judge for Trial of Cases under SCs/STs (PoA) Act cum- VIII Additional District Judge at Nizamabad, whereby the learned trial Court has convicted Smt. Noorjahan (accused No. 1) and Syed Ahmed (accused No. 2), while acquitting Syed Baba (accused No. 3) and Smt. Begum Bee (accused No. 4). By the impugned judgment, while Smt. Noorjahan (accused No. 1) has been convicted for the offence under Section 302 IPC, sentenced to undergo Life Imprisonment, and imposed with a fine of Rs.1,000/- with default clause of six months of Simple Imprisonment, Syed Ahmed (accused No. 2) has been convicted for the offence under Section 304-B IPC, sentenced to seven years of Rigorous Imprisonment, and imposed with a fine of Rs.1,000/- with default clause of six months of Simple Imprisonment.

(2.) Since both these appeals arise out of the same impugned judgment, since the arguments have been advanced by the same counsel, and since the issues involved are same, both these appeals are being decided by this common judgment. For convenience, the appellants shall be referred as accused Nos. 1 and 2.

(3.) Briefly, the facts of the case are that on 18-11-2008 at 1:00 p.m., on intimation from the Government Hospital, Nizamabad, Mr. B. Balram, the Sub-Inspector of Police, Town-V, Nizamabad (P. W. 13), rushed to the hospital; he recorded the statement of Meherunnisa Begum (the deceased in this case). On the basis of the statement given by her, a formal First Information Report (FIR), namely FIR. No. 137 of 2008 was registered by him at the Police Station, Town-V, Nizamabad, for the offences under Sections 498-A, 307 r/w 109 IPC. However, with the death of the deceased at 3:15 p.m., on the same day, the offence was altered from Section 307 IPC to one under Section 302 IPC. During the course of investigation, accused Nos. 1 to 4 were arrested by the police, and put up for trial.