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2009 Supreme(SC) 953

ARIJIT PASAYAT, ASOK KUMAR GANGULY
Perla Somasekhara Reddy – Appellant
Versus
State of A. P. Rep. by Public Prosecutor – Respondent


Advocates appeared:
For the Appellants :Sushil Kumar, Sr. Adv., S.S.S. Reddy, Aditya Kumar, P. Veera Reddy, Mrs. S. Usha Reddy, Advocates.
For the Respondent:K.T.S. Tulsi, Mrs. D. Bharathi Reddy, Advocates.

JUDGMENT

Dr. Arijit Pasayat, J.—

1. Challenge in this appeal is to the judgment of a Division Bench of the Andhra Pradesh High Court which by the impugned judgment allowed the appeal filed by the State and held A-1 to A-4, A-6, A-7, A-9 to A-13 guilty for various offences. A-3 was found guilty of offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the ‘IPC’). A-1, A-2, A-4, A-6, A-7, A-9 to A-13 were found guilty of offence punishable under Section 302 read with Section 149 IPC and A-1 to A-4, A-6, A-7, A-9 to A-13 were also found guilty of offence punishable under Section 307 IPC as also under Sections 3 and 5 of Explosive Substances Act, 1908 (in short the ‘Explosive Act’). They were acquitted of the rest of the charges except under Section 120-B and Section 148 IPC.

2. Prosecution case during trial is essentially as follows:

A-1, A-2, A-5 and A-19 are brothers and A-19 is the Chairman of the Agricultural Market Yard, Pulivendula. The other accused are followers of A-19 and supporters of Telugu Desam Party. The deceased Y.S. Raja Reddy was an Ex-Sarpanch of Pulivendula. PW-1 is the Driver, PW-2 is the Private Body Guard., PWs. 3 and 4 are Carpenters, PWs









































































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