GODUGU SHANKARAIAH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The appellants, Godugu Shankaraiah (Accused No.1) and Mitta Yadamma (Accused No.2) have challenged the legality of the judgment 09.02.2016 passed by the II Additional District and Sessions Court (FTC), Mahabubnagar, whereby the learned trial court has convicted both the appellants for offence under Section 302 of the Indian Penal Code, has sentenced them to life imprisonment, imposed a fine of Rs.1,000/-, and directed them to further undergo simple imprisonment for three months in default thereof.

(2.) Briefly the facts of the case are that Godugu Chennamma (P. W. 1) had lodged a complaint (Ex. P.1) before the Police Station, Jedcherla, wherein she had claimed that her husband, Godugu Pedda Pentaiah had assaulted the brother of A. 1 in the year 2006 as the brother of A. 1 had tried to outrage her modesty. However, due to the assault, the brother of A. 1 had died. Therefore, her husband was arrested and tried for offence under Section 302 IPC. But after completion of the trial, her husband was acquitted of the charges. Having come out from the jail, her husband had shifted the family to Karvena Village. A. 1 bore a grudge against her husband, and waited for an opportunity for wrecking his personal vengeance on him. She further claimed that on 11.02.2014 about 4:00 p.m. in the evening, she was informed by the villagers that the dead body of a male person, with injuries on his head, was lying at Kuchallagutta beside Orgagutta located in the limits of Karivena Village. Immediately, she and her son, Sravan Kumar along with other villagers, rushed to the spot. They discovered the dead body of her husband. She further claimed that about seven years back, one Kavali Krishnaiah had also misbehaved with her; her husband had assaulted Kavali Krishnaiah. Due to the assault, even Kavali Krishnaiah had died. Therefore, even Kavali Buchaiah son of Venkataiah, Shankaraiah and Sailu had developed animosity against her husband. Therefore, she also suspects that they have killed her husband with a sharp-edged weapon. On the basis of the complaint (Ex. P. 1), the police chalked out a formal FIR (Ex. P. 12), namely FIR No. 25 of 2014 for offence under Section 302 r/w 34 IPC.

(3.) During the course of investigation, A. 1 was arrested by the police. Allegedly, he made a confessional statement during his police custody. It is in his confession statement that he revealed that the deceased had developed an intimacy with A. 2; since he wanted to take revenge upon the deceased, he tempted A. 2 with an offer of Rs.10,000/-. It is A. 2 who lured him to Kuchallagutta, offered him drinks and subsequently, A. 1 and A. 2 killed the deceased. Upon his confessional statement, A. 2 was also arrested. Both of them were put up for trial.