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1973 Supreme(SC) 117

A.ALAGIRISWAMI, C.A.VAIDIALINGAM, I.D.DUA
Chaganti Kotaiah: Appikatla Sambian – Appellant
Versus
Gogineni Venkateshwara Rao: State Of A. P. – Respondent


Judgment

VAIDIALINGAM, J. :- These two appeals, by special leave, are directed against the judgment and order dated August 25, 1970, of the High Court of Andhra Pradesh in Criminal Revision Case No. 727 of 1969 and Criminal Appeals Nos. 201 and 202 of 1969, setting aside the judgment of the Second Additional Sessions Judge, Guntur, in Sessions Case No. 121 of 1968 and remanding the entire case for retrial.

2. In connection with the murder of two persons, Gogineni Koteswara Rao and Venigandla Ratnababu, and the injuries sustained by the prosecution witnesses, PWs 5 to 7 and 13, on August 16, 1968, thirty persons were tried by the learned Sessions Judge of Guntur for offences under Section 148 and Section 302 read with S. 149 or alternatively under Sec. 302 read with Section 34 and Sections 323, 324 and 326 of the Indian Penal Code. The learned Sessions Judge found that accused Nos. 5 to 7, 14, 18, 19, 24 and 25 had participated in part of the occurrence that took place on that day and convicted them under Section 148. The 5th accused was convicted under Section 302 for causing the death of Ratnababu and was sentenced to undergo imprisonment for life. Accused Nos. 6 and 7, who were fou

























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