COMMON JUDGMENT

1. These Memorandum of Criminal Appeals are filed under Section 374 (2) of the code of Criminal Procedure Code, 1973 (for short ‘Cr.P.C.’) assailing the judgment passed by the learned I Additional Sessions Judge, Karminagar, Hyderabad in SC.No.488 of 2012, dated 27.09.2017.

2. In SC No.488 of 2012, A1- Mekala Srikanth @ Kranthi; A2 – Mekala Thirupathi; A3 – Mekala Komuraiah and A4 – Mekala Nirmala are shown as accused Nos.1 to 4. During pendency of the above said SC, A3 died and case against him is abated.

3. For the sake of convenience, appellants will be herein after referred to as A1, A2.

4.

(i) The learned trial Court has found A1 guilty for the offence under Section 326 of the Indian Penal Code, 1860 (for short ‘IPC’) and he is convicted under Section 235(2) of Cr.P.C., sentenced him to suffer Rigorous Imprisonment for a period of four years and also to pay a fine of Rs.2,000/-, in default to suffer Simple Imprisonment for a period of three months. A1 is found not guilty for the offence under Sections 302 and 324 of IPC and he is acquitted under Section 235 (1) of Cr.P.C.

(ii). A2 is found guilty for the offence under Section 302 of IPC and he is convicted under Section 235(2) of Cr.P.C., sentenced him to suffer Imprisonment for Life and also to pay a fine of Rs.5,000/-, in default to suffer Simple Imprisonment for a period of six months. A2 is found not guilty for the offence under Sections 324 and 326 of IPC and he is acquitted under Section 235 (1) of Cr.P.C.

(iii). A4 is found not guilty for the offence under Sections 302, 324 and 326 of IPC and she is acquitted under Section 235(1) of Cr.P.C., her bail bonds are cancelled.

5.1. The case of the prosecution in nutshell is that on 01.02.2012 at 2030 hours, A1 and A4 were abusing PW.4 -Mekala Prameela and her husband LW.20 -Mekala Saraiah in front of their house. A1 picked up a quarrel with LW.20 -Mekala Saraiah and caught hold of his shirt, then PW.4 -Mekala Prameela got angry and beat A1-Mekala Srikanth @ Kranthi with an axe available in the court yard, then A1 picked-up a stick available there and beat LW.20 -Mekala Saraiah on his head and caused injury. LW.20 -Mekala Saraiah fell down on the ground, then PW.4 raised hue and cries. Rajaiah along with PW.1-Mekala Ramulu, PW.2-Mekala Komala, PW.9-Namindla Komala and LW.11-Mekala Venkataiah rushed to the house of A1, rescued PW.4 -Mekala Prameela and LW.20 Mekala Saraiah, by that time A2 –Mekala Thirupathi who is the brother of A.1 reached there and picked-up pestle present at the oven and beat Rajaiah on his head and caused serious injuries, due to which the Rajaiah fell on the ground unconsciously. A1 and A2 escaped from the scene. A3 beat PW.9 – N.Kamala and A4 beat PW.1 – M.Ramulu and PW.4 - Mekala Prameela with sticks and caused bleeding injuries. A1, A3 and A4 also sustained injuries.

5.2. On 02.02.2012 at about 0705 hours, the injured Mekala Rajaiah while taking treatment in M.G.M. Hospital, Warangal breathed his lost. Initially a case in Crime No.16 of 2012 is registered under Section 324 r/w 34 of IPC. After the death of Rajaiah, the section of law is altered from Section 324 r/w 34 of IPC to Sections 302 and 324 r/w 34 of IPC.

5.3. PW.4, LW.20 -Mekala Saraiah were blessed with one daughter by name Supriya, aged about 16 years and prosecuting her studies at Godavarikhani by staying at her senior paternal uncle by name Devaiah at Centenary colony, Kamanpur. While so, A1 along with one Prabhu Das went to the college of Supriya and eve-teased her, then the college teachers caught hold Prabhu Das and A1 escaped and gave complaint to Kamanpur P.S., and Police called both sides and held counselling.

5.4. On 02.02.2012, PW.19 -V.Ravinder Reddy, Circle Inspector of Police visited the scene of offence situated at Suraram village, secured the presence of PW.13 –G.Ravi and LW.22 – G.Laxminarayana, observed the scene of offence minutely, found blood stained marks and broken mud bangle pieces and an axe in