PAMIDIGHANTAM SRI NARASIMHA, MANOJ MISRA
Vemula Satyanarayana – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER :
1. These appeals arise out of the judgment of the High Court of Andhra Pradesh at Hyderabad in Criminal No. 1732 and 1740 of 2009 dated 11.03.2014.
2. With respect to the incident dated 02.10.2001, twenty seven accused were tried, three of whom died during the Trial and the Trial Court by its judgment dated 24.11.2009 convicted and sentenced the twenty four accused as under:
"1) A1 is sentenced for R.I. of 1 (one) year for the charge under Sec. 148 IPC and R.I. for 5 (five) years and fine of Rs.2,000/-(two thousand only) IDSI for 6 months (six months) for the charge under Sec.307 r/w 149 IPC.
2) A2 is sentenced for R.I. of 1 (one) year for the charge under Sec. 148 IPC and R.I. for 5 (five) years for the charge under Sec.307 r/w 149 IPC and pay a fine Rs.2,000/-(Two thousand only) IDSI for six months.
3) A3 is sentenced for R.I. of one year for the charge under Sec.148 IPC and R.I. for LIFE IMPRISONMENT for the charge under Sec.302 r/w 149 IPC and pay a fine of Rs.3,000/- IDSI for 1 year.
4) A4 is sentenced to R.I. for one year for the charge under Sec.148 IPC and R.I. for LIFE IMPRISONMENT for the charge under Sec.302 r/w 149 IPC and also pay a fine of Rs.3,000/-(three thousand
The Supreme Court upheld the High Court's acquittal of the accused, finding no grounds for interference with the acquittal despite prior convictions.
Culpable homicide not amounting to murder – If Section 34 IPC is applied, then, each one of accused should be convicted under same provision and awarded same sentence.
The judgment clarified how knowledge of potential murder impacts liability under Section 149 IPC regarding unlawful assembly.
The court upheld the High Court's acquittal of murder charges and affirmed the conviction under lesser charges, emphasizing the sufficiency of time served by the accused.
(1) Common intention – For convicting accused with aid of Section 34 of IPC prosecution must establish prior meetings of minds – It must be established that criminal act has been done in furtherance ....
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