TELUGU RAMUDU Vs. STATE OF A P

JUDGEMENT

(1.) Mr. Telugu Ramudu (A-1) and Mr. Boya Vijay Naidu (A-2) have challenged the legality of the judgment dated 20.09.2013, in S.C. No. 425 of 2010, passed by the III Additional District & Sessions Judge, Gadwal, whereby the learned trial Court has convicted them for offences under Sections 364-A, 302, 201 IPC. For offence under Section 302 IPC, they have been sentenced to life imprisonment, imposed with a fine of Rs.5,000/-, and further directed to undergo Simple Imprisonment of six months in default thereof. For offence under Section 364-A IPC, they have also been sentenced to life imprisonment, imposed with a fine of Rs.5,000/- and directed to undergo Simple Imprisonment of six months in default thereof. For offence under Section 201 IPC, they have been sentenced to five years of Rigorous Imprisonment, imposed with a fine of Rs.2,000/- and to undergo Simple Imprisonment of six months in default thereof.

(2.) Briefly, the facts of the case are that on 12.07.2008, Md. Khaja Bande Nawaz (P. W. 1) lodged a complaint (Ex. P. 1) with the Station House Officer, Shanthinagar Police Station wherein he claimed that "he is a resident of Shanthinagar village doing cloth business. He has two daughters, and one son, Gishan, aged about seven years. His son is studying in 1st class at Shiva Shivani School at Shanthingar. On 11.07.2008, at about 5:00 p.m., when he was in his shop, his son Gishan returned from school. He sent his son back home along with the servant, Boya Vijay Naidu (A- 2). He dropped him on a cycle at 6:00 p.m. and returned to his shop. At night at 8:00 p.m., his wife, Waheeda Begum came to shop and told him that his son disappeared. Therefore, he and others searched for his son during the night and even in the morning. About 1:00 p.m., he came to know that the dead body of his son was found in an agricultural well near the Koildinne land of Ashanna. Immediately they went and saw the dead body of the son laid in the well. No external injuries were found on the body. One Ramudu, resident of Waddepally village who was working as a servant at the shop of his younger brother and others are suspected to have caused the death of his son." On the basis of the said complaint (Ex. P. 1), a formal FIR, namely FIR No.26 of 2008 (Ex. P. 13) was chalked out; the investigation began. On 19.07.2008, Mr. S. Shivalingam, the Sub-Inspector of Police (P. W. 13) apprehended the accused No.1 and accused No.2. They were put up for trial.

(3.) In order to support its case, prosecution examined thirteen witnesses, submitted fifteen documents and produced two material objects. After appreciating the evidence, the learned trial court convicted and sentenced the appellants as aforementioned. Hence, this appeal before this Court.