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2008 Supreme(SC) 63

ARIJIT PASAYAT, P.SATHASIVAM
Pogula Komuraiah – Appellant
Versus
State of A. P. Rep. by the Public Prosecutor – Respondent


judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

2. Challenge in this appeal is to the judgment of a Division Bench of Andhra Pradesh High Court, disposing of four Criminal Appeals i.e. Criminal Appeal nos. 1114, 1128, 1130 and 1155 of 2005.

3.16 accused persons were charged for offence punishable under Sections 147, 148, 448 read with Section 149 and Section 302 read with Section 149, 324 read with Section 149 of the Indian Penal Code, 1860 (in short IPC).

4.The High Court by the impugned order disposed of the appeals with the following observations :

“In the result, Crl.A.No. 1114 of 2005 is allowed in part. Crl. A.No.1128 of 2005 is allowed. Crl. A.No.1130 of 2005 is dismissed. Crl. A.No.1155 of 2005 is allowed. The convictions and sentences imposed by the lower Court on A-1, A-3, A-7 to A-9, A-12 and A-13 for the offences under Sections 302 read with Section 149, 148, 448 read with 149, 324 read with 149 of I.P.C., are confirmed. The convictions and the sentences imposed on A-2, A-4 to A-6, A-10, A-11 and A-14 to A-16 for all offences are set aside and they shall be set at liberty forthwith, if they are not required in any other crime.”

5.It is to be noted that the appellant was ac









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