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2002 Supreme(SC) 717

D.M.DHARMADHIKARI, N.S.HEGDE
K. Venkateshwara Rao @ Venkatal @ I. Rao – Appellant
Versus
State – Respondent


JUDGMENT

Santosh Hegde, J.-The appellant abovenamed along with 7 other persons was charged for offence under Sections 396, 302 and 412 IPC by the Additional Sessions Judge, Vizianagaram in Sessions Case No.79/1996. The learned Sessions Judge found the appellant and other co-accused, except A-2 who died before the commencement of trial, guilty of the said offences and convicted and sentenced all of them to suffer life imprisonment with a fine of Rs.10,000/- each under Section 396 IPC; in default, RI for 5 years. The appellant and A-4 to A-9 were also convicted for offence under Section 412 IPC and were sentenced to suffer RI for 10 years and to pay fine of Rs. 5,000/- each; in default to suffer RI for 3 years. On appeal, the High Court found all the accused including this appellant not guilty of the charge under Sections 302 and 396 and acquitted them while so far as this appellant and some of the accused named above are concerned, the High Court held them guilty of the offence under Section 412 IPC and confirmed the conviction and sentence recorded by the learned Additional Sessions Judge for the said offence. It is against this judgment of the High Court that the appellant is in a












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