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2022 Supreme(AP) 697

M. GANGA RAO, T. MALLIKARJUNA RAO
S. V. Nageswara Rao Raja – Appellant
Versus
P. P. , Hyd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: V. Padmanabha Rao.

JUDGMENT :

T. Mallikarjuna Rao, J.

1. The appellants herein are accused nos.1 to 3 in Sessions Case No.119 of 2013, who faced the trial for the offences punishable under Section 302 read with 34 Indian Penal Code (for short IPC). By its Judgment dated 08.06.2015, the learned XI Additional District and Sessions Judge, Tenali, convicted A1 to A3 for the offence punishable under Section 302 read with section 34 IPC. Accordingly, it sentenced each to suffer imprisonment for life and pay a fine of rupees one thousand each, in default, rigorous imprisonment for three months each.

2. We may note that by the impugned Judgment, A.4 and A.5 were found not guilty for the offence under Section 302 read with Section 34 IPC and acquitted. The state has not preferred the appeal against the acquittal.

3. The substance of the charge against A1 to A5 is that on 12.12.2011 at 12.30 PM, with a common intention to do away with the life of Lingineni Murali Babu they obstructed and attacked him with deadly weapons and caused injuries near Harizanawada, Muttupalli and murdered him.

4. The case of the prosecution in brief, as disclosed by the material prosecution witnesses, is that, P.W.1-Lingineni Surendra and

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