A.SAMBASIVA RAO
Public Prosecutor – Appellant
Versus
Kapu Chinnaiah – Respondent
( 2 ) THIS is an appeal by the State against the acquittal by the Judicial First Class magistrate at Pargi on the ground that the provisions of section 218, Criminal procedure Code are mandatory and that there should have been separate charges for the distinct offences.
( 3 ) THE respondents were charged with offences punishable under sections 148, 452, 325, 324 read with section 149, indian Penal Code. The prosecution alleged: there are two factions in the village of Dirsampalli within the jurisdiction of Pargi Police Station. One group was led by Kapu Chinnayya and the other by Mai Reddy. On 21st of april, 1975, in the night one person belonging to the group of Mal Reddy was assaulted by a person belonging to the other group. On 22nd of April, 1975 at about 7 A. M. people belonging to Mai Reddy group attacked one nagaiah on the other group and caused him injuries. At about 2 P. M. on the same day persons belonging to the same group attacked Lambadi Tanda and mal Reddy opened fire on Lambadas in which three persons received bullet injuries. This challenge was taken up by kapu Chinnayya s faction
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