B. Siva Sankara Rao, J. - (1.) This Criminal Appeal is filed by the sole accused, Udayagiri Subbarayudu @ Vekataiah @ Akkulaiah, s/o Akkulaiah, native of Pedduru S.T. Colony, Chitvel Mandal, now residing at C.Vaddepalli, S.T. Colony, Chitvel Mandal of YSR Kadapa District, against the conviction judgment of the learned III Additional District and Sessions Judge (F.T.C.), Kadapa at Rajampet, dated 03.01.2011, in Sessions Case No.78 of 2010, under Sections 364, 376 (2) (f) and 302 IPC, with sentence of imprisonment for life for the offence under Section 364 IPC, imprisonment for life for the offence under Section 376 (2) (f) IPC and imprisonment for life for the offence under Section 302 IPC and for each of the three offences, additionally fine of Rs.5,000/- each with default sentence of six months for each and all these sentences shall run concurrently and by giving set off of the period undergone.
(2.) The said Sessions Case is an outcome of Cr.No.57 of 2009 of Chitvel Police Station, dated 16.06.2009, originally registered for the offences punishable under Sections 376 and 302 I.P.C. from the report of the father of one Sravani (hereinafter referred to as 'the deceased') by name Rapuri Srinivasulu-P.W.1, under Ex.P1 covered by Ex.P15-express F.I.R. and the police after investigation filed final report by inclusion of the offence under Section 364 IPC also and from which, the learned Magistrate allotted P.R.C.No.2 of 2010 and committed the case to the Court of Sessions where the Sessions Division allotted S.C.No.78 of 2010 and made over to the learned Sessions Judgefor trial according to law after hearing and from framing of charges, if any.
(3.) The learned Sessions Judge in the pre-trial, hearing of parties, framed three charges, for the offences under Sections 364, 376 (2) (f) and 302 IPC on 28.05.2010, after hearing the prosecution and the accused through Legal Aid counsel engaged for him and when questioned, the accused pleaded not guilty on the charges levelled against him and there from put to trial. In the course of trial, on behalf of the prosecution, P.Ws. 1 to 14 are examined and Exs.P1 to P20 and M.O.1 are marked. Accused did not adduce any separate defence evidence nor any contradictions marked from the evidence of any of the prosecution. It is from said evidence, the trial Court found the accused guilty and convicted and sentenced as supra. Impugning said conviction judgment and sentence of imprisonment passed by the trial Court as unsustainable, the present appeal is filed.;