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1974 Supreme(SC) 102

M.H.BEG, Y.V.CHANDRACHUD
Irlapati Subbaya – Appellant
Versus
Public Prosecutor, A. P. – Respondent


Advocates:
K.T.Harindernath, P.P.Rao, P.RAM REDDY, S.RAMA RAO

Judgment

BEG, J.:- The appellant was charged, with his three brother-in-law, Bayyarapu Butchiah, Bayyarapu Chandriah, and Bayyarapu Kotayya, for offences punishable under Ss. 302, 325 and 323 Indian Penal Code each read with Section 34 Indian Penal Code, for having murdered Irlapati Ramayya and causing grievous hurt to Ankayya, P.W.2, and simple injury to China Veerayya, P.W.1, at about 4.30 p.m. on 15-6-1969, in front of the house of Vipparla Peda Veerayya in Village Vipperla, District Guntur in the State of Andhra Pradesh. They were tried and acquitted by the learned Sessions Judge of Guntur who attached considerable importance to the supposed delay in lodging the First Information Report of the alleged occurrence at 10.30 p.m. on 15-6-1969 at Police Station, Sattanapalli, 13 miles away from the scene of the incident. The prosecution had a sufficiently good explanation for the supposed delay inasmuch as the wife and other relations of the deceased were busy trying to get adequate medical attention for the deceased before thinking of making the F.I.R. The High Court had, on an appeal to it, considered this and other questions involved in the case and convicted and sentenced the app
















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