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2016 Supreme(AP) 49

G.CHANDRAIAH, U.DURGA PRASAD RAO
Syed Arif – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellants:Deepika Gadde, Advocate.
For the Respondent: Public Prosecutor.

Judgment :-

U. Durga Prasad Rao, J.

1. This appeal is preferred by the appellants/A1 and A2 aggrieved by the judgment dated 26.08.2011 in S.C.No.188 of 2008 passed by learned I Additional Sessions Judge, Nizamabad convicting A1 and A2 for the charge under Section 302 r/w 34 IPC and sentencing them to undergo rigorous imprisonment for life and also to pay a fine of Rs.2,000/- in default to undergo simple imprisonment for a period of one month, while acquitting them of the charge under Section 307 r/w 34 IPC.

2a) The prosecution case is that on 22.05.2007 at about 11 PM, when PW2 and LW3 went to fetch water from the bore well situated in front of house of accused in the open place of Dwakra Mahila Sangham in Rajaramnagar Colony, Armoor, A1 – Syed Areef abused them in filthy language and thrown them on the ground. On hearing the quarrel, PW1 and deceased – Chaika Gangadhar went to the bore well and all the accused abused them in filthy language and suddenly A1 went into the house and brought a knife and stabbed the deceased on the left chest while A2 and 2 JCLs. (Juvenile in Conflict with Law) held the deceased and thereafter, the accused persons hit the deceased person to the CC road an















































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