KODURI MANOHAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Accused Nos. 1 and 2 who are tried by the learned Sessions Judge, Karimnagar in Sessions Case No. 872/96 are the appellants herein. Originally, 56 accused were charged for an offence punishable under Sections 147, 148 and 307 read with 149 IPC. But the learned Sessions Judge acquitted Accused Nos. 3 to 5 of all the charges and the appellants herein were convicted for the offence punishable under Section 302 IPC and sentenced them to undergo life imprisonment.

(2.) The gravamen of the charge against the accused-appellants was that on 24-10-1995 at about 7.45 pm the appellants along with the other accused had attacked one Sriramulu Jagan Mohan (deceased) near the post office, Ramnagar, of the Karimnagar town. It is further alleged that the appellants stabbed the above person with knives causing bleeding injuries. Accused Nos. 3 to 5 are alleged to have caught hold of the deceased. It is further alleged that due to the injuries caused, the victim died on 25-10-1995 in the MGM Hospital, Warangal while undergoing treatment. The prosecution story can be briefly narrated as under :

(3.) That the accused and the material witnesses are the residents of Karimnagar town. The deceased Sriramulu Jagan Mohan was also a resident of Karimnagar town, but in different locality. He was employed in M/s. Sripriya Real Estates. PW. 1 happened to be the father and PW. 2 happened to be the friend of the deceased. That about 8 months prior to the incident, A-1 and his friends alleged to have bet one Ramesh and Sathyam. In that case, the deceased was cited as a witness and the accused have threatened him not to give evidence in Satyam's case in Cr. No. 58 of 1995. Further, one month prior to the incident, PW. 2 brought one girl by name Madhavi from Hyderabad in order to mary her. In that issue the deceased and parents of PW. 2 were not agreed for the marriage of PW. 2 with that girl. Then also, A-1 to A-5 said to have advised PW.2 to marry the said girl. That in this regard, there was a quarrel between the accused and the deceased.