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1978 Supreme(AP) 281

PUNNAIAH
CHINTAMALLA LAXMAIAH – Appellant
Versus
State Of A. P. – Respondent


PUNNAYYA, J.

( 1 ) THE petitioner herein is the first accused in Sessions Case No. 58 of 1977 on the file of the Asst. Sessions Judge, Nalgonda. He was tried along with A,2 and A. 3. A-l was tried for a charge under Section 376 of the indian Penal Code. A. 2 was tried for a charge under Section 202 of the indian Penal Code and A-3 was tried for a charge under Section 376 read with section 109 of the Indian Penal Code. A-l to A-3 were also tried for a charge under Section 506 (2) of the Indian penal Code. The learned Asst. Sessions Judge acquitted A-2 to A-3 of the offence U/s 506 (2) of the Indian penal Code. He also acquitted A-2 of the offence under Section 202 of the indian Penal Code, But he convicted A 1, who is the petitioner herein, under Section 376 I. P C. , and sentenced him to undergo rigorus imprisonment for a period of fourveass and also to pay a fine of Rs. 100/- in default to suffer rigorous imprisonment for two months. He also convicted A-3 under Section 376 read with Section 109 I. P. C , and sentenced him to suffer rigorous imprisonment for four months and to pay a fine of Rs. 25/- in default to suffer rigorous imprisonment for one week. A-l and A-3 preferred an ap



















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