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1999 Supreme(AP) 634

R.M.BAPAT, GHULAM MOHAMMED
Shaik Subhani @ Bombay Subhani – Appellant
Versus
State Of A. P. – Respondent


RAMESH MADHAV BAPAT, J.

( 1 ) ACCUSED Nos. 1 and 2 in SCNo. 17/95 which was pending on the file of IV Addl. Sessions Judge, Guntur are appellants in this appeal. Originally the appellants and four more accused were tried for two charges. The first charge against the accused was under Section 148 IPC. A11 the accused were acquitted of the said charge. The second charge against all the accused was under Section 302 IPC read with Section 149 IPC. The learned trial Judge acquitted the Accused Nos. 3 to 6, but he convicted A1 and A2 of the offences punishable under Section 302 IPC and sentenced to each of them to suffer imprisonment for life and to pay fine of Rs. 3,000. 00 and in default to suffer RI for 3 years. Thus, A1 and A2 are appellants in this appeal.

( 2 ) THE prosecution story can be briefly narrated as follows: That the deceased Challa Anjibabu was a rowdy-sheeter. In the month of October, 1990, he stabbed A2 and a case in Cr. No. 139 of 1990 was registered against him under Section 307 IPC read with Section 34 IPC along with other accused. A1 and A2 are brothers and therefore they bore grudge against the deceased.

( 3 ) IT is further case of the prosecution that PW1 was sis
























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