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2018 Supreme(AP) 219

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
C.V. NAGARJUNA REDDY, GUDISEVA SHYAM PRASAD, JJ.
Cholleti Parameshwar - Appellant
Vs.
The State of Telangana, represented by its Public Prosecutor, High Court of Judicature at Hyderabad - Respondent
Criminal Appeal No. 670 of 2011
Decided On : 07-03-2018

Advocates Appeared:
For the Appellant : Mr. P. Prabhakar Reddy.
For the Respondent: Public Prosecutor (T.S.).

Headnote:Code of Criminal Procedure Act, 1973 Sec. 164 - Indian Penal Code. (45 of 1860) Sec. 109,120-B,164,201,302, 427,420r/w 34,498A - Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 Sec. 3(x)(i) - Brief facts of the case - Accused and Complainant/Deceased were family members living in Kanaparthi Village, due to financial issues husband of deceased No.1 committed suicide – Accused collectively planned to murder the deceased and her child, over property and caste related dispute – Accused 1 to 5 killed the deceased and a six year old daughter in there farm and place the body over the tomb of their pre-deceased husband/father – Charge sheet was filed – accused No. 2 to 5 were acquitted after interrogation – Prosecution proved guilt of Accused No. 1 beyond reasonable doubt – Appeal is dismissed, sentence awarded by trial court is confirmed – Accused ordered to surrender before Jail Superintendent, Central Prison, Warangal, bail bonds stand cancelled.

JUDGMENT :

C.V. Nagarjuna Reddy, J.

Accused No.1 in Sessions Case No. 88 of 2010 on the file of the Principal Sessions Judge, Karimnagar, filed this appeal feeling aggrieved by his conviction for the offence punishable under Section 302 I.P.C. and sentencing him to suffer imprisonment for life and also to pay a fine of Rs.2,000/- and in default to payment of fine, to suffer simple imprisonment for a period of six months.

2. The case of the prosecution as set out in the charge sheet, in brief, is stated hereunder.

P.W.1 - the complainant is the farm servant of Konduri Lalitha (hereinafter referred to as deceased No.1) and resident of Kanaparthi Village. Deceased No.1 is the daughter-in-law of accused No.2. Konduri Santhoshini (hereinafter referred to as deceased No.2) is the daughter of deceased No.1 and both the deceased are residents of Kanaparthi Village. The appellant/accused No.1 is the son-in-law and accused No.3 is the daughter, accused No.4 is son and accused No.5 is daughter-in-law of accused No.2 and they are also residents of Kanaparthi Village. About eight years back, the marriage of deceased No.1 was solemnized with the second son of accused No.2 viz., Srinivas and the couple was blessed with a daughter (deceased No.2), who is aged about six years at the time of the incident. On 24.06.2006, the husband of deceased No.1 committed suicide by consuming poison due to financial problems, which is subject matter of crime No.70 of 2006 registered under Section 174 Cr.P.C. of Veenavanka Police Station. After two months of his death, accused No.2 started suspecting the character of deceased No.1 and registered his sons land in the name of his granddaughter - deceased No.2 by keeping his elder son - accused No.4 and his wife - accused No.5 as nominees, without the consent of deceased No.1. Knowing this, deceased No.1 raised objections and complained in the Police Station against the appellant/accused No.1 and his wife - accused No.3, the elder son of accused No.2 - accused No.4 and his wife - accused No.5, based on which, a case was registered against them, which was the subject matter of crime No.108 of 2006 registered for the offences punishable under Sections 498-A, 427, 420 read with Section 34 I.P.C. of Veenavanka Police Station, due to which, accused No.2 called some Village elders and discussed about his daughter-in-laws issue. At the same time, deceased No.1 abused the SC community elders by taking their caste names. On that a case was registered at Veenavanka Police Station against deceased No.1 and her relatives vide subject matter in Crime No.119 of 2006 registered under Section 3(x)(i) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the SC ST Act). On the complaint of deceased No.1 and the elders of SC community people, a complaint was registered against the appellant/accused No.1, his wife - accused No.3, brother-in-law - accused No.4 and his wife - accused No.5 vide subject matter in Crime No.125 of 2006 registered under Section 3(x)(i) of the SC ST Act and it ended in acquittal. In this process, they faced much financial problems. The appellant/accused No.1 was also due an amount of Rs.1 lakh to deceased No.1 which was borrowed from her husband and she asked him to repay the said amount. On 04.01.2008, while the appellant/accused No.1 with his workers was digging a canal for water to his agriculture lands, deceased No.1 came to the spot, asked him and reported in the Police Station. The appellant/accused No.1 went to accused No.2 and disclosed about the bickerings of his daughter-in-law i.e., deceased No.1 by booking cases in the Police Stations. On that accused Nos.2 to 5 advised the appellant/accused No.1 to kill deceased No.1 and her daughter (deceased No.2) and get relief and also get her landed properties as since the time of her marriage with the second son of accused Nos.1 and 2, they were facing much problems. Accordingly, all the accused hatched a plan toge






































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