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1993 Supreme(SC) 926

K.JAYACHANDRA REDDY, K.RAMASWAMY, M.N.VENKATACHALIAH
Thathanna – Appellant
Versus
State Of A. P. – Respondent


Judgment

JUDGMENT - Thathanna, Gopal and Gopalappa. (original accused Nos. 3, 4 and 7) are the appellants. They along with 27 others were tried for offences punishable under Ss. 147, 148, 302, 302 read with 149 and 324, IPC. The Trial Court acquitted all of them. The State preferred an appeal and a Division Bench of the High Court after reappreciating the evidence of the eye-witnesses and subjecting the same to a close scrutiny confirmed the acquittal of the other accused but convicted the present appellants only under S. 326, IPC and sentenced each of them to undergo 7 years Rigorous Imprisonment.

2. The prosecution case is as follows

There are three deceased in this case and some injured witnesses. All of them belonged to Village Narasapuram in Anantapur District. The deceased Hanumanthappa became the Vice-President of Local Panchayat and he had been residing with his family in Kottam erected by him in his garden. One Rajasekhatareddy was the successful bidder for sale of arrack. The deceased entered into the sub-contract with him for the sale of arrack in Narasapurain Village limits, for which he was assisted by PW 1. A3 and some other accused were desirous of obtaining the sub-







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