JUDGMENT

DIPAK MISRA, J.

The present appeal, by special leave under Article 136 of the Constitution of India, is directed against the judgment of conviction and order of sentence dated 6.3.2007 passed by the High Court of Judicature, Andhra Pradesh at Hyderabad in Criminal Appeal No. 603 of 2005 whereby the Division Bench of the High Court partly allowed the appeal by acquitting the accused No. 3 (A-3), namely, Thoti Sivaram, for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (for short ‘the IPC’) but maintained the conviction and sentence in respect of other offences as had been imposed by the learned Sessions Judge, Chittoor in Sessions Case No. 108 of 2003. Be it noted, the accused No. 1 (A-1) was convicted for the offences punishable under Sections 452, 302, 326 and 324 of the IPC, the accused No. 2 (A-2) was found guilty of the offences under Sections 452, 302 read with 34, and 324 and 326 of the IPC, and the accused No. 3 (A-3) was convicted under Sections 452, 302 read with Section 34, and 324 of the IPC and, accordingly, sentenced to rigorous imprisonment and fine which we shall state at a later stage.

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