SHAIK CHINA BRAHMAM Vs. STATE OF A P

JUDGEMENT

(1.) This appeal under Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 has been preferred against the judgment and order dated 2.3.2006 of Andhra Pradesh High Court, by which the appeal filed by the State was allowed and the judgment and order dated 24.9.2002 of the learned Sessions Judge, Guntur acquitting the two accused in Sessions Case No.466 of 2000 was set aside. The High Court by the impugned judgment and order convicted both the accused Shaik Khasim Saida (A-1) and Shaik China Brahmam (A-2) under Section 302 read with Section 34 IPC and sentenced them to imprisonment for life and a fine of Rs.200/- each.

(2.) The case of the prosecution, in brief, is that Shaik Khasim Saida (A-1) had borrowed Rs.300/- from the deceased Shaik Masthan Vali some time back, but he did not repay the amount due to which their relations became strained. At about 4.00 p.m. on 6.4.1999, the deceased Shaik Masthan Vali and his cousin Shaik Baba Vali (PW.1) were returning to the village from northern side of Chandravanka rivulet after attending the call of nature. Both the accused suddenly appeared on the spot. A-1 stabbed the deceased Shaik Masthan Vali repeatedly with a knife which he has carrying and A-2 caused injuries to the deceased with iron pipe. After receiving injuries the deceased fell down dead on the spot. PW.1 Shaik Baba Vali lodged an FIR at P.S. Macherla at 6.30 p.m. on the same day. On the basis of the FIR a crime was registered as Case Crime No.55 of 1999 under Section 302 read with Section 34 IPC at the police station.

(3.) After the case had been registered at the police station, PW.8 K. Babu Rao, Inspector of Police, P.S. Macherla commenced investigation of the case. He arrested A-1 and A-2 and went to the scene of occurrence and prepared a site plan. After recording statement of witnesses, he submitted charge-sheet against both the accused A-1 and A-2. The prosecution in order to establish its case examined nine witnesses and filed some documentary evidence. The learned Sessions Judge, Guntur, by the judgment and order dated 24.9.2002 acquitted both the accused A-1 and A-2. Feeling aggrieved by the order of the learned Sessions Judge, the State filed appeal in the High Court, which was allowed and accused were convicted under Section 302 read with Section 34 IPC and were sentenced to imprisonment for life and a fine of Rs.200/- each. The present appeal has been filed only by Shaik China Brahmam (A-2). It appears that Shaik Khasim Saida (A-1) has not preferred any appeal against his conviction and sentence.