MUSSAPURI KRISHNA Vs. STATE OF A.P.

JUDGEMENT

(1.) Both these appeals, namely Crl.A.No.1031 of 2012 and Crl.A.No.1041 of 2012, arise from the same impugned judgment, dated 09.08.2012, passed by the V Additional Sessions Judge (II FTC), Warangal, whereby the learned Judge has convicted both Kudurupaka Sharada, W/o.Rambabu (accused No.1) and Mussapuri Krishna, W/o.Ramchendrudu (accused No.2), for the offence under Section 302 read with Section 34 of the Indian Penal Code, sentenced both of them to life imprisonment, imposed a fine of Rs.1,000/- on each of them, and further directed both of them to undergo a simple imprisonment of two months in default thereof.

(2.) Briefly stated the case of the prosecution is that on 05.05.2011 at 07:30 P.M., Jaligapu Raghupathi (P.W.1) lodged a Telugu written complaint (Ex.P.1) before the Station House Officer, Tadvai Police Station, wherein he claimed that he and his wife are agriculturists. He further claimed that "yesterday in the morning at 10:00 A.M. I left my son Jaligapu Rakesh, nine year old studying IInd Class back at home. Myself and my wife, Sarojana, went to the agricultural farm. When returned back to the house evening at about 06:00 P.M., our son Jaligapu Rakesh found dead in the verandah of the house. On verification, the neck of our son found crushed. There is a doubt about the death of our son. Therefore, prayed to do justice to us by conducting panchanama". On the basis of the said complaint (Ex.P.1), the Police Station, Tadvai, registered a formal FIR (Ex.P.7) under Section 174 of the Code of Criminal Procedure. However, after the arrest of accused Nos.1 and 2, the FIR was altered to the offences under Section 302 read with Section 34 of the Indian Penal Code.

(3.) In order to buttress its case, the prosecution examined sixteen witnesses, and submitted ten documents. The defence neither examined any witness, nor submitted any documents. By judgment dated 09.08.2012, the learned Trial Court convicted and sentenced the appellants as aforementioned. Hence, both these appeals before this Court.