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1994 Supreme(AP) 242

B.SUBHASHAN REDDY
Prahlad Apto – Appellant
Versus
State Of A. P. – Respondent


B. SUBHASHAN REDDY, J.

( 1 ) THIS appeal is directed against the convictions recorded and sentences imposed against accused Nos. 1, 2, 4, and 5 by the Court of Session, Srikakulam in Sessions Case No. 27 of 1990. Totally, there were 8 accused; but, as accused Nos. 6 and 8 were minors, their case was separated. Accused Nos. 3 and 7 were acquitted of all the charges. The accused were prosecuted for the offences punishable under Section 148 (A1 to A5 and A7), 302 (A1 and A7), 302 read with 149 (A2 to A5), 324 (A1, A2, A3 and A5), 323 (A2 and A7) and 326 (A1) of Indian Penal Code. A1 was convicted for the offences under Sections 304, Part II, 326 and 324 of IPC, and was sentenced to undergo rigorous imprisonment for 3 years, 2 years and 6 months respectively. A2 was convicted under Section 324, IPC, and was sentenced to suffer rigorous imprisonment for 6 months. A4 and A5 were also convicted under Section 324, IPC and were sentenced to undergo 6 months rigorous imprisonment each. The said accused A1, A2, A4 and A5 are the appellants herein.

( 2 ) THE accused party and prosecution party are closely related. A2 and PW1 are real brothers and they reside in the thatched sheds adjoining each








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