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1994 Supreme(SC) 1080

K.JAYACHANDRA REDDY, M.M.PUNCHHI, R.M.SAHAI
B. Bhadriah – Appellant
Versus
State Of A. P. – Respondent


Advocates:
Guntur Prabhakar, K.C.DUA, K.Madhava Reddy, R.NEDUMARAN, Rattan Lal Chawla, U.R.Lalit

JUDGMENT

K. JAYACHANDRA REDDY, J.: - This is an appeal under S. 2(A) of the SC (Enlargement of Criminal Appellate Jurisdiction) Act read with S. 379, Cr. P.C. The five appellants (original accused Nos. 1, 2, 3, 4 and 5) were tried along with four others for offences punishable under Ss. 148, 302 149, 324 and 323 read with S.149, I.P.C. for the alleged murder of one Vinod Sagar, the deceased in the case and for causing injuries to P.Ws. 1 and 4 during the same occurrence. The trial Court acquitted all of them. The State preferred an appeal and the High Court allowed the same in respect of these appellants and convicted and sentenced each of them to undergo imprisonment for life and other lesser terms of imprisonment for other offences and confirmed the acquittal of the remaining four accused. The prosecution case is as follows:

The deceased, Vinod Sagar, was an Excise Contractor, For the year 1978-79 the deceased along with P.W.4 and two others had obtained the licence in respect of Ramanathapur arrack shop. In connection with that business, he and P.W.4 used to visit the shop every evening and remain there till the shop was closed looking into the accounts and then take away the cas








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