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2002 Supreme(SC) 1209

P. Venkateswarlu – Appellant
Versus
State Of A. P. – Respondent


JUDGMENT

Arun Kumar, J.-These two appeals arise from the judgment dated 9th April, 1992 of the High Court of Andhra Pradesh acquitting all the accused persons. In this Court Criminal Appeal No.655 of 1995 had been filed by the complainant while Criminal Appeal No.659 of 1995 was filed by the State challenging the order of acquittal passed by the High Court. As per facts on record 24 persons were charged and tried by the First Additional Sessions Judge, Guntur, State of Andhra Pradesh. Seven charges were framed. Accused A1 to A5 and A7 were charged under Sections 148 and 302 read with 149 of the Indian Penal Code while other accused were charged under Sections 323 and 324 of the said Code. The charge under Section 302 was for the murder of Kota Subbarao while the charges under Sections 323 and 324 were directed against some of the other accused persons. The learned Additional Sessions Judge convicted accused A1 to A5 and A7 for offences under Sections 148, 302 read with Section 149 IPC and sentenced each of them to three months rigorous imprisonment under Section 148 IPC and to undergo life imprisonment for offences under Section 302 read with Section 149 IPC. For the charges framed























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