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1994 Supreme(AP) 391

A.GOPAL RAO
Alees – Appellant
Versus
State Of A. P. – Respondent


A. GOPAL RAO, J.

( 1 ) ACCUSED No. 5 in Sessions Case No. 20/1994 on the file of the III Addl. Metropolitan Sessions Judge, Hyderabad, is the petitioner-herein. This petition under Section 482, Cr. PC is filed by the petitioner/a. 5 to grant stay of the proceedings against him till the final adjudication against A. 1 to A. 4 for charges under Sections 302 and 392, IPC in Sessions Case No. 20/1994, on the file of the III Metropolitan Sessions Judge, Hyderabad.

( 2 ) THE substance of accusation against A. 1 to A. 5 is that A. 1 to A. 4, on 23-2-1993, at about 7. 45 p. m. killed one Haji Mohammed Yakub, at Red Hilla, Hyderabad, a businessman and took away cash of Rs. 1,60,000. 00 from his possession. A-5, the petitioner-herein, harboured A. 1 to A. 4 in his house of Bodabanda, Hyderabad, and shared the booty along with A. 1 to A. 4. A. 1 to A. 4 are charged with offences of robbery and murder punishable under Sections 392 and 302, IPC and A. 5 is charged with the offence of harbouring the offenders and for dishonestly receiving the stolen property, punishable under Sections 212 IPC and 411, IPC.

( 3 ) THE petitioner contends that in order to convict him for an offence under Section 212


















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