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1994 Supreme(AP) 456

B.K.SOMASEKHARA, M.N.RAO
Bandela Ailaiah – Appellant
Versus
State OF A. P. by Public Prosecutor – Respondent


( 1 ) THE appellant is the accused No. 3 in SC No. 259/93 on the file of the Sessions Judge, Karimnagar. He along with five other accused were prosecuted for the offences punishable under sections 148, 302, 506 and 149 IPC, Section 27 of Indian Arms Act and Sections 3 and 6 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as the tada ). The case abated as against accused Nos. 1 and 2 as they died pending trial. The case was split up as between A4 and others as he was absconding. Thus, only accused Nos. 3, 5 and 6 were tried for the charges as stated above. They pleaded not guilty to the charges and made the prosecution to produce occular evidence of PW1 to 16, documentary evidence of Exs. P 1 to P 36 and material objects 1 to 19. They were examined under section 313 Cr. P. C. and called upon to enter defence. The defence evidence did not come in. The learned Sessions Judge after hearing both the sides and on the material mentioned supra, acquitted the accused Nos. 5 and 6 of all the charges, accused No. 3 of the charges under section 27 of Indian Arms Act and Sections 3 and 6 of the TADA, but convicted Accused No. 3 for the offences punis





















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