B.S.CHAUHAN, DIPAK MISRA
Kusti Mallaiah – Appellant
Versus
State of Andhra Pradesh – Respondent
Judgment :-
Dipak Misra, J.
Calling in question the legal propriety of the judgment of conviction and order of sentence passed in Criminal Appeal No. 990 of 2005 by the High Court of Judicature, Andhra Pradesh whereby the Division Bench has concurred with the conviction and the imposition of sentence by the learned Principal Sessions Judge, Medak at Sangareddy in S.C. No. 79 of 1998 wherein the learned trial Judge, after finding the appellant along with one Koninti @ Yerrolla Veeraiah, A-1, guilty of the offences punishable under Sections 302 and 404 read with 34 of the Indian Penal Code (for short “IPC”), had sentenced each of them to undergo rigorous imprisonment for life on the first count and three years on the second score.
2. Shorn of unnecessary details, the case of the prosecution as unfolded is that on 9.2.1997 in the morning hours Koninti @ Yerrolla Veeraiah, A-1, and Kusti Malliah, A-2, took the deceased, Neelagiri Parvamma, with them Shiver in the Thimmaiapally hillocks. Kusti Yellaiah, PW-6, eye witness to the occurrence, had accompanied them. The accused persons and the deceased consumed liquor and, thereafter, both the accused removed her clothes, ravished her and as
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