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2008 Supreme(AP) 52

B.PRAKASH RAO, L.NARASIMHA REDDY
Mallipudi Sivaram Prasad @ Sivaram Kumar @ Sivaram @ Siva – Appellant
Versus
State of Andhara Pradesh – Respondent


Advocates appeared:
K. Sesharajyam, Counsel for the Appellants.
Additional Public Prosecutor, Counsel for the Respondent.

L. NARASIMHA REDDY, J :- This appeal under Section 374 of the Code of Criminal Procedure (for short, 'the Cr.P.C.') is preferred by A 1 and A2 in SC ST SC No.3 of 2001 on the file of the Special Sessions Court for Trial of Cases under the SC and ST (Prevention of Atrocities) Act, 1989 (I Additional Sessions Court) East Godavari, Rajahmundry.

2. The appellants and ten others were tried for the offence under Section 302, read with Section 34 I.P.C. for causing the death of one Sri Bondada Sadhu Sundar Singh, on 7.12.1996 at about 8.00 p.m. at Kakinada. The trial Court convicted the first appellant for the offence under Section 302 I.P.C. and sentenced him to undergo imprisonment for life, and to pay a fine of Rs. 1,000/-. The second appellant was convicted for the offence under Section 324 I.P.C. and the sentence against him was restricted to pre-trial custody. A3 to A12 were acquitted.

3. At about 9.00 p.m. on 7.12.1996, the Sub-Inspector of Police, II Town Police Station (Law and Order), Kakinada received information that Sadhu Sundar Singh was murdered and his dead body was in the Government Hospital at Kakinada. He proceeded to the hospital, got the inquest and post-mortem conducte
























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