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2022 Supreme(SC) 572

DINESH MAHESHWARI, KRISHNA MURARI
Mekala Sivaiah – Appellant
Versus
State Of Andhra Pradesh – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Ravindra S. Garia, AOR(SCLSC) Ms. Sakshi Raghuvanshi, Adv. Mr. Shashank Singh, Adv.
For the Respondent(s): Mr. Mahfooz Ahsan Nazki, AOR Mr. Polanki Gowtham, Adv. Mr. Shaik Mohamad Haneef, Adv. Mr. T.Vijaya Bhaskar Reddy, Adv. Mr. K.V. Girish Chowdary, Adv. Ms. Rajeswari Mukherjee, Adv.

JUDGMENT :

KRISHNA MURARI, J.

1. The appellant has filed the present appeal against the judgment and order dated 22.06.2012 passed by the High Court of Judicature of Andhra Pradesh at Hyderabad (hereinafter referred to as ‘High Court’ ) in Criminal Appeal No.811/2008, whereby the High Court has dismissed the criminal appeal and upheld the judgment dated 04.04.2008 passed by the Court of Sessions Judge at Guntur (hereinafter referred to as ‘Trial Court) whereunder, the appellant was convicted for the offence under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) and was sentenced to undergo imprisonment for life and also to pay a fine of Rs. 500/-and in default to suffer simple imprisonment for three months.

2. Briefly, the facts relevant for the purpose of this appeal are as follows:

On 06.09.2006, the deceased (father of PW-1) and PW-1 went to the 14th mile centre of Lemalle Village to sell their vegetables. While PW-1 was getting the vegetables weighed, the deceased crossed the road and went to the shop of PW-3 to purchase tobacco leaves. PW-2 and PW-4 were also present at the place of occurrence. Having seen the deceased, the appellant, armed with a knife,


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