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2005 Supreme(SC) 1856

Y.K.SABHARWAL, TARUN CHATTERJEE
Kavuluri Vivekananda Reddy – Appellant
Versus
State of A. P. – Respondent


ORDER :

Y.K. Sabharwal, J.

Heard the learned counsel for the parties.

2. Leave granted.

3. The challenge in this appeal is to an order passed by the learned Additional Sessions Judge and upheld by the High Court in the criminal revision under Section 319 of the Code of Criminal Procedure, 1973 (for short "the Code") whereby the two appellants herein have been summoned along with the original Accused 1, who is the father-in-law of the first appellant.

4. The case of the prosecution, in brief, is that on 15-12-1995, on the agricultural land of the first appellant and the deceased, who are brothers, an altercation took place on the issue of fixing of electric motor pump on the said land. There was already a dispute in respect of the said land between the brothers. The second appellant is a relation of the first appellant. The further case of the prosecution is that the original Accused 1, who is also the relation of the parties, gave a push to the deceased as a result whereof he fell on a stone and died. The charge-sheet was filed showing Accused 1 as the sole accused on 30-3-1996 after completion of the investigation.

5. An application under Section 319 of the Code was filed by the second

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