KORE RAMULU Vs. STATE OF A P

JUDGEMENT

(1.) The appellants (A-1 to A-3) are aggrieved by the judgment dated 26.09.2012, passed by the learned Special Sessions Judge for Trial of Cases under S.Cs and S.Ts (Prevention of Attrocities) Act-cum-VII Additional District and Sessions Judge, Mahabubnagar, in S.C.No.23 of 2012, whereby the appellants have been convicted for offences under Sections 364, 302, 201 read with Section 34 IPC. For offence under Section 302 IPC, they have been sentenced to life imprisonment, imposed with the fine of Rs.1,000/-, and further directed to undergo simple imprisonment of one month in default thereof. For offence under Section 364 IPC, they have also been sentenced to suffer a rigorous imprisonment of ten years, imposed with the fine of Rs.1,000/-, and further directed to undergo a simple imprisonment of one month in default thereof. For offence under Section 201 IPC, they have been sentenced to suffer a rigorous imprisonment of ten years, imposed with the fine of Rs.1,000/-, and further directed to undergo a simple imprisonment of one month in default thereof. All the sentences were directed to run concurrently.

(2.) Briefly stated the facts of the case are that Pandi Lingamaiah (P.W.1) belongs to Madiga community, a scheduled caste. He is the husband of the deceased, Smt. Kadala Madhavi, who belonged to a non-scheduled caste. A-1, A-2 and A-3 are the maternal uncles of the deceased. A-4 is an elderly person of the community, A-5 is the mother of the deceased, A-7 is the brother-in-law of the deceased, and son-in-law of A-5, and A-8 is an auto driver.

(3.) According to the prosecution, Kadala Shankaramma (A-5) had three daughters. The deceased was the third daughter, studying in the IX Class, at the ZPH School, Kakanoor Village. While studying, she had fallen in love with the complainant (P.W.1), Pandi Lingamaiah. When the family noticed the fact that she was in love with a person of a lower caste, they sent the deceased for her further studies to Rajapur Village. The deceased completed her studies upto X Class at the Rajapur Village. After having completed her S.S.C, she was admitted in Girls Junior College at Badepally, Jadcherla. She used to commute to the college from Rajapur. Furthermore, according to the prosecution, on 19.11.2010, when the deceased was going to her college, the complainant abducted her on the promise of marrying her. Consequently, on 06.12.2010, the mother of the deceased (A-5) lodged a complaint at Balanagar Police Station. The police registered a case, namely Crime No.270 of 2010, for offence under Section 366-A IPC against the complainant.