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2022 Supreme(AP) 95

C.PRAVEEN KUMAR, VENKATESWARLU NIMMAGADDA
MOHAMMAD JAVEED, KRISHNA DIST. – Appellant
Versus
P. P. , HYD – Respondent


Advocates:
Cases Referred :
Jawaharlal Das v. State of Orissa’s case, AIR 1991 SC 1388

JUDGMENT :

C.Praveen Kumar, J.

The sole accused in Sessions Case No.141 of 2013 on the file of the learned VIII Additional District and Sessions Judge, Vijayawada, Krishna District is the appellant herein. He was tried for the offences punishable under Sections 302, 380 and 201 I.P.C.

2. Vide judgment, dated 27.11.2014, the learned Sessions Judge, while acquitting the accused for the offences punishable under Sections 380 and 201 I.P.C., convicted him for the offence punishable under Section 302 I.P.C. and accordingly, sentenced him to suffer rigorous imprisonment for life and to pay a fine of Rs.100/-, in default, to suffer simple imprisonment for a period of fifteen days.

3. The substance of the charge against the accused is that on 9.4.2012, at Irrigation canal situated at western side of Avutu Siva Reddy land, Nunna Gunadala Road, Vijayawada, caused the death of one Syed Shamsheer (hereinafter, referred to as “the deceased”) and thereafter, committed theft of cash of Rs.42,000/- and one cell phone and later, took the dead body to Irrigation canal and threw it in the canal to screen the evidence.

4. The facts in issue are as under:-

    P.W.4 is the wife of the deceased and P.W.5 is the s

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