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2024 Supreme(AP) 994
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
U.Durga Prasad Rao, Gannamaneni Ramakrishna Prasad, JJ.
The State Of Andhra Pradesh - Petitioner
Versus
Mohammad Abdul Sammad Munna and Others - Respondents
RT No.2/2021 and Crl.A.Nos.147, 148, 157, 163, 164, 168, 169, 193, 232, 249, 281 & 355 of 2021
Decided On : 10-05-2024
Important Points
Subject
Criminal Law - Murder and Dacoity
Act Referred
CRIMINAL RULES OF PRACTICE AND CIRCULAR ORDER : R.34, R.35
EVIDENCE ACT : S.26, S.25, S.27, S.3
INDIAN PENAL CODE : S.120(a), S.120(b), S.366, S.396
Headnote
JUDGMENT :
U. Durga Prasad Rao, J.
The Referred Trials 2, 3 & 4/2021 wherein judgments are pronounced today, present chilling facts of diabolical and grotesque manner of killing the trailer drivers and cleaners by the ruthless gang of dacoits while they were transporting iron load on the highway between Ongole-Nellore Districts in Andhra Pradesh.
In S.C.No.73/2010, learned VIII Additional District & Sessions Judge, Ongole in his judgment dated 18.05.2021 convicted A1 to A17 for different offences and sentenced them with different punishments as narrated in the following table. Since among them, A1 to A11 and A15 are awarded death punishment for the offences under Section 396 IPC under two counts, learned Judge submitted the entire case proceedings along with his judgment to this High Court under Section 366 Cr.P.C. for confirmation of death sentence and the Registry has registered the said referred proceedings as a Referred Trial No.2/2021 and listed before us. That apart, challenging the conviction and sentence, the accused have also preferred different Criminal Appeals as mentioned in the table below and those criminal appeals are also listed before us.
| Accused No. | Name of Accused/ Resident of | Charges Framed by the Trial Court | Convicted and punished for the offences | Referred Trial (RT No.) | Criminal Appeal filed by accused |
| (1) | (2) | (3) | (4) | (5) | (6) |
| A1 | Mohammad Abdul Sammad @ Munna Ongole | i. 396 r/w 120B of IPC;
ii. 396 IPC;
iii. 201 IPC
iv. 400 IPC;
| i. Imprisonment for life for the offence U/s 396 r/w 120B IPC
ii. DEATH Punishment for the offence U/s 396 IPC UNDER TWO COUNTS
iii. RI for 7 years and fine of Rs. 5,000/- IDSI 3 months for the offence U/s 201 IPC
iv. Imprisonment for life for the offence U/s 400 IPC | RT- 2/2021 | Crl. A. No. 164/ 21 |
| A2 | Shaik Riyaz, Ongole | i. 396 r/w 120B of IPC;
ii. 396 IPC;
iii. 201 IPC iv. 400 IPC;
| i. Imprisonment for life for the offence U/s 396 r/w 120B IPC
ii. DEATH Punishment for the offence U/s 396 IPC UNDER TWO COUNTS
iii. RI for 7 years and fine of Rs. 5,000/- IDSI 3 months for the offence U/s 201 IPC
iv. Imprisonment for life for the offence U/s 400 IPC | -do- | Crl. A. No. 193/ 21 |
| A3 | Syed Hidayatulla @ Babu Donakonda | i. 396 r/w 120B of IPC;
ii. 396 IPC;
iii. 201 IPC iv. 400 IPC;
| i. Imprisonment for life for the offence U/s 396 r/w 120B IPC
ii. DEATH Punishment for the offence U/s 396 IPC UNDER TWO COUNTS
iii. RI for 7 years and fine of Rs. 5,000/- IDSI 3 months for the offence U/s 201 IPC
iv. Imprisonment for life for the offence U/s 400 IPC | -do- | Crl. A. No. 281/ 21 |
| A4 | Mohammad Jamaluddin @ Jamal Bengalore | i. 396 r/w 120B of IPC;
ii. 396 IPC;
iii. 201 IPC iv. 400 IPC;
v. 402
vi. 414 IPC;
| i. Imprisonment for life for the offence U/s 396 r/w 120B IPC
ii. DEATH Punishment for the offence U/s 396 IPC UNDER TWO COUNTS
iii. RI for 7 years and fine of Rs. 5,000/- IDSI 3 months for the offence U/s 201 IPC
iii. Imprisonment for life for the offence U/s 400 IPC
iv. RI for 7 years and fine of Rs. 5,000/- IDSI 3 months
vi. RI for 3 years for the offence U/s 414 IPC | -do- | Crl. A. No. 169/ 21 |
| A5 | Bathula Salmon Inamanamellur Village | i. 396 r/w 120B of IPC;
ii. 396 IPC;
iii. 201 IPC
iv. 400 IPC;
| i. Imprisonment for life for the offence U/s 396 r/w 120B IPC
ii. DEATH Punishment for the offence U/s 396 IPC UNDER TWO COUNTS
iii. RI for 7 years and fine of Rs. 5,000/- IDSI 3 months for the offence | ||
