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2008 Supreme(SC) 1242

ARIJIT PASAYAT, MUKUNDAKAM SHARMA
Gunnana Pentayya @ Pentadu – Appellant
Versus
State of A. P. – Respondent


Judgment

Dr. Arijit Pasayat, J. —

1.Challenge in this appeal is to the Judgment of the Division Bench of the Andhra Pradesh High Court confirming theconviction of the appellant for offences punishable under Section 302 of the Indian Penal Code, 1860 (for short ‘IPC’), so far as the appellants 1 to 7 are concerned. The others have been convicted for offence punishable under Section 302 read with Section 149 IPC.

2.Originally, there were 57 accused persons. Some of them were acquitted by learned Sessions Judge, Vizianagaram. The present appeal is filed by accused nos. 1 to 7, 8, 12, 21 and 24, A1, A8, A12, A21 and A24 were convicted for homicidal death of Appalasamy (hereinafter referred to as ‘D1’). A1 and A7 were convicted for causing death of Appallanaidu (D2).

3.Prosecution version as unfolded during trial is as follows :

Accused party belongs to a particular political party. Prosecution party belonged to another political party. On 29.1.2000 around 6.30 A.M., all the accused persons Al to A57 came in a mob to the house of D-2 Appalanaidu and attacked him with dangerous weapons. Then they went to D-1’s house and attacked him. Thereupon they went round the village and attacked the Cong



















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