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1994 Supreme(AP) 451

M.N.RAO, V.BHASKARA RAO
Siddapuram Siva Reddy alias Pyreedy – Appellant
Versus
State Of A. P. – Respondent


M. N. RAO, J.

( 1 ) THE appellants herein are accused Nos. 1 and 2 in Sessions Case No. 17 of 1993 on the file of the II Additional Sessions Judge, Kurnool. In respect of an incident that happened on 17-3-1992 at about 3. 20 p. m. in Sreeramnagar, Kurnool resulting in the death of one Srinivasa Reddy and injuries to PW-1, Nagalakshmi and one Venkataswamy Reddy, the two appellants herein, along with there others (A-3 to A-5) were tried by the learned Sessions Judge.

( 2 ) CHARGE No. 1 was against all the five accused under section 148, IPC. Charge No. 2 was under section 302, IPC against A-1 and A-2. Charge No. 3 was under section 302 read with Section 149 IPC against A-3 to A-5. Charge No. 4 was under section 324, IPC against A-2 for causing injuries to PW-1. The fifth charge was under Section 324, IPC against A-1 for causing injury to Venkataswamy Reddy who died due to natural causes before the case came up for trial. The sixth Charge was under section 323, IPC against A-3 to A-5 for beating and fisting Venkataswamy Reddy. The learned Sessions Judge acquitted A-3 to A-5 since their identity was not established and none of the direct witnesses spoke about their presence. However, b













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