THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL APPEAL No. 529 OF 2016 JUDGMENT: (Per Hon’ble Sri Justice N.Tukaramji)

We have heard Mr.C.Sharan Reddy, learned counsel for the appellants/accused Nos.1 and 2 and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor, representing the respondent-

State.

2. This appeal is directed against the judgment of conviction and sentence dated 20.06.2016 in S.C.No.125 of 2014 passed by the learned I Additional Sessions Judge, Nizamabad.

3. The appellants are accused Nos.1 and 2 (hereinafter referred to as ‘the accused Nos.1 and 2’), who were charged with offences punishable under Sections 302, 307, and 323 of the Indian Penal Code, 1860 (for short, ‘I.P.C.’). Accused No.1 has been convicted for the offence punishable under Section 302 I.P.C. and sentenced to life imprisonment, along with a fine of Rs.5,000/-, and in default of payment, to undergo simple imprisonment for six months. He was also convicted for the offence under Section 307 I.P.C. and sentenced to rigorous imprisonment for ten years, with a fine of Rs.5,000/-, and in default, to suffer simple imprisonment for six months. Accused No.2 was convicted for the offence punishable under Section 307 I.P.C. and sentenced to rigorous imprisonment for five years, with a fine of Rs.5,000/, and in default, to suffer simple imprisonment for six months.

4. The prosecution case, in brief, is as follows:

On 03.02.2013 at 11:00 hours, the Sub-Inspector of Police, Morthad/PW-17, received Police Report/Ex.P-1 stating that on the same day, at about 9:30 AM, the de-facto complainant/PW-1, along with one Renjerla Sayanna (hereinafter referred to as ‘the deceased’), had returned from the agricultural field. While parking their vehicle in front of PW-1’s house, they noticed a gathering in front of a Dhaba house.

From the crowd, one Mahesh called them over and informed them that, based on some loathsome information given by accused No.2, his father abused him. Meanwhile, accused No.2 arrived and assaulted Mahesh. When the de-facto complainant and the deceased intervened, the accused No.2 warned them not to get involved. However, the deceased questioned him about beating Mahesh and asked accused No.2 to maintain quiet conduct.

Accused No.2 then mentioned a complaint lodged by the deceased to the Superintendent of Police against them and boasted that the Police would not take any action against him. At this point, accused No.1 entered the Dhaba, returned with two knives, and before the de-facto complainant could alert the deceased, accused No.1 attacked the deceased.

Although the deceased took a cart peg and stood his ground, accused No.1 managed to stab him in the stomach. In response, the deceased struck accused No.1 on the head with the cart peg. As accused No.1 advanced, the de-facto complainant grabbed the cart peg and tried to hit accused No.1 on the head, but accused No.1 stabbed him on the left side of the ribs and shoulder, causing injuries.

Meanwhile, accused No.2 threw a boulder at the de-facto complainant with the intent to kill, but he managed to escape. Subsequently, accused No.2 took the knife from his elder brother/accused No.1, and charged at them with the intent to kill. At that moment, villagers gathered, causing both accused to flee. The incident was witnessed by Dayanand/PW-4 and Yugandhar/DW-2. The injured were taken to the hospital, where authorities informed that the deceased was brought in dead. It was also mentioned that, two years prior, as the deceased married Shailaja, who belonged to another caste, lead the accused to develop grudge against him and to commit the offence.

5. Upon the first information report/Ex.P-1, crime was registered under Sections 302, 307 read with Section 34 of I.P.C. and after due investigation, the Investigating Officer/PW-18 laid charge-

sheet.

6. The jurisdictional Magistrate, after due proceedings, committed the case, and the Sessions Division, Nizamabad, assigne