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2023 Supreme(AP) 73

C. PRAVEEN KUMAR, B. V. L. N. CHAKRAVARTHI
State Of A. P. , rep by PP. – Appellant
Versus
Bontha Rahelu – Respondent


JUDGMENT :

(C. Praveen Kumar, J.)

1. The present Criminal Appeal and the Criminal Revision Case are filed assailing the judgment, dated 03.06.2008, in Sessions Case No.684 of 2005 on the file of the learned I Additional Sessions Judge, Guntur.

2. Originally, A-1 was tried for the offence punishable under Section 302 I.P.C. and A-2 to A-13 were tried for the offence punishable under Section 302 read with 34 I.P.C. for causing the death of one Bontha Abraham (hereinafter, referred to as “the deceased”) on 18.07.2005 at about 7.00 p.m. near four road junction, Audi Andhra Colony, Chilakaluripet.

3. Vide judgment, dated 03.06.2008, the learned Sessions Judge acquitted all the accused. Challenging the same, the State preferred Criminal Appeal No.401 of 2013 and the father of the deceased filed Criminal Revision Case No.1310 of 2008.

4. The facts, as disclosed in the evidence of the prosecution witnesses, show that all the accused and the prosecution witnesses are residents of Audi Andhra Colony, Chilakaluripet. The deceased is the son of P.W.1. He was running a provisions shop in their colony. The distance between the house of P.W.1 and the kirana shop was about 100 feet and there are fo

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