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2024 Supreme(SC) 97

B. R. GAVAI, PAMIDIGHANTAM SRI NARASIMHA
Velthepu Srinivas – Appellant
Versus
State of Andhra Pradesh (Now State of Telangana) – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Gaurav Agrawal, Sr. Adv. Mr. D. Abhinav Rao, AOR Ms. Prerna Robin, Adv. Mr. Devadipta Das, Adv. Mr. Rahul Jajoo, Adv.
For the Respondent(s): Mr. Sirajudden, Sr. Adv. Mr. G. Seshagiri Rao, Adv. Mr. Gaichangpou Gangmei, AOR Mr. Rahul Aggarwal, Adv. Mr. Amit Pratap Singh, Adv. Ms. Lothungbeni T. Lotha, Adv. Mr. Yimyanger Longkumer, Adv. Mr. Maitreya Mahaley, Adv. Mr. Sravan Kumar Karanam, Adv. Ms. Medha Singh, Adv. Mr. Santosh Kumar Puppala, Adv. Ms. Shireesh Tyagi, Adv. Mr. Rajiv Kumar Choudhry, AOR

JUDGMENT :

PAMIDIGHANTAM SRI NARASIMHA, J.

1. This criminal appeal by appellants (accused 1 to 4) is against the concurrent conviction under Section 302 read with Section 34 and sentence for life imposed by the Trial as well as the Telangana High Court. For the reasons to follow, while we confirm the judgment and sentence with respect to A-1, A-2 and A-4, the conviction and sentence of A-3 is however modified to Section 304 Part II and sentenced to 10 years imprisonment. The details of the crime, trial, decisions of the Courts, followed by our analyses and conclusions are as follows.

2. The case of the prosecution is that the accused 1 to 4 belonging to the same family, and the deceased, come from the same village - Janda Venkatpur, Asifabad, Telangana. It is alleged that the sister of the deceased and the wife of A-4 were political aspirants and they contested the Gram Panchayat elections. In the said elections, the sister of the deceased succeeded and the wife of A-4 lost and that, unfortunately, led to an animosity between the two groups, eventually leading to the murder of the deceased which is described as follows.

3. On 15.11.2001, at about 8 AM, the deceased was going to Luxetti

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