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2002 Supreme(SC) 831

Y.K.SABHARWAL, H.K.SEMA
Nallabothu Venkaiah – Appellant
Versus
State Of A. P. – Respondent


JUDGMENT

Sema, J.-The appellant along with 15 other accused was put to trial before III Additional Sessions Judge, Guntur in Sessions Case No. 18 of 1994 to answer the following charges :

"Charge No. 1 : - That you A1 to A16 at about 5.30 p.m. on 13th day of October, 1992 on the highway between Sattenapalli and Macherla in between 38/2 and 38/4 K.M. Stone after crossing Pakalapadu major canal, formed into one group and were members of unlawful assembly and did in prosecution of the common object of such assembly viz., of killing the deceased person R. Venkateswarlu son of China Bapaiah, 35 years, V.A.O. of Tondapi village, and rioting and at that time you were armed with deadly weapons like country made bombs, axes, spears and knives which are dangerous in nature and thereby committed an offence punishable under section 148 of the Indian Penal Code and within my cognizance;

Charge No. 2 :- That you A-1 to A-16 at about the same time, date and place and in the course of same transaction as mentioned above; charged the deceased R.Venkateswarlu son of China Bapaiah, 35 years, V.A.O. of Tondapi village while he was coming on the motor cycle and when he reached the spot, all of you emerged

































































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