APHC010609472018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3547]

(Special Original Jurisdiction)

MONDAY,THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CRIMINAL APPEAL NO: 2358/2018 Between:

1. H ARI @ NARA HARI AND ANOTHER, R/O. SANKARAYYAGUNTA, CHITTOR DISTRICT-A.P

2. A MMULU, R/O. KATTAMANCHI HWADA, BANGARUPALYAM MANDAL, CHITTOR DISTRICT A.P ...APPELLANT(S)

AND

1. S TATE OF ANDHRA PRADESH, Rep., by Public Prosecutor, (A.P) High Court at Hyderabad ...RESPONDENT Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High Court may be pleased to to present this Memorandum of Grounds of Appeal questioning their conviction and sentence in Judgment dated 13.01.2018 in S.C No. 393 of 2009 on the file of the Court of the IX Additional District and Sessions Judge, Chittoor, A.P IA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of 135 days in preferring the appeal against the Judgment dated 13.01.2018 in S.C No. 393 of 2009 on the file of the Court of the IX Additional District and Sessions Judge, Chittoor, A.P IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to fix an early date of hearing of in CrI.A.No. 2358 of 2018 and to pass Counsel for the Appellant(S):

1. A GAYATRI REDDY

2. -

Counsel for the Respondent:

1. PUBLIC PROSECUTOR (AP) The Court made the following:

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI MONDAY, THE FIFTH DAY OF JANUARY, TWO THOUSAND AND TWENTY SIX SPECIAL DIVISION BENCH PRESENT HONOURABLE SRI JUSTICE K SURESH REDDY And HONOURABLE SRI JUSTICE SUBBAREDDY SATTI CRIMINAL APPEAL No.2358 of 2018 JUDGMENT: (Per Justice K. Suresh Reddy Both the accused in Sessions Case No.393 of 2009 on the file of the Court of IX Additional District and Sessions Judge, Chittoor, are the appellants. They were tried by the learned Additional Sessions Judge, Chittoor under the following charges.

(i) First charge was under Section 457 IPC against both the accused.

(ii) Second charge was under Section 380 IPC against both the accused (iii) Third charge was under Section 302 IPC against both the accused and (iv) Last charge was under Section 411 IPC against both the accused.

2. Substance of the charge is that on the night of 11.04.2009, both the accused, trespassed into the house of R. Kanthamma (hereinafter referred to as „the deceased‟) situated at Municipal Colony, Chittoor, and committed theft of M.Os.1 to 4 and caused her death, thereby committed offences punishable under Sections 457, 380, 302 and 411 IPC.

3. After completion of trial, the learned Additional Sessions Judge convicted both the accused under Section 302 IPC and sentenced each of them to undergo Rigorous Imprisonment for “LIFE” and also to pay a fine of Rs.500/- each, in default to undergo Simple Imprisonment for a period of three (3) months each. The learned Additional Sessions Judge further convicted both the accused under Section 457 IPC and sentenced each of them to undergo Rigorous Imprisonment for three (3) years and also to pay a fine of Rs.100/- each, in default to undergo Simple Imprisonment for a period of one month each. The learned Additional Sessions Judge further convicted both the accused under Section 380 IPC and sentenced each of them to undergo Rigorous Imprisonment for three (3) years and also to pay a fine of Rs.100/- each, in default to undergo Simple Imprisonment for a period of one month each. All the substantive sentences were directed to run concurrently.

4. Case of the prosecution, briefly, is as follows:

Both the accused as well as the material prosecution witnesses are residents of Chittoor. The deceased was also resident of Chittoor. Accused No.2 is the second wife of Accused No.1.