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2024 Supreme(AP) 1018

K. SURESH REDDY, B. V. L. N. CHAKRAVARTHI
Kowju Ravi Naga Babu @ Nagababu – Appellant
Versus
State of A. P. – Respondent


Advocates Appeared:
For the Appellant : S.M. Subhan, Sudhakara Rao Ambati.
For the Respondent: Public Prosecutor (AP).

JUDGMENT :

B.V.L.N. Chakravarthi, J.

1. The accused No.1 and 2 in Sessions Case No.163/2014 on the file of learned IV Additional District and Sessions Judge, West Godavari at Tanuku, filed Criminal Appeal No.715/2016, whereas the accused No.3 in the above Sessions Case filed Criminal Appeal No.1327/2017. Both the appeals filed assailing the judgment dated 27.06.2016 delivered in the above Sessions Case, where under the learned Sessions Judge convicted the appellants/A-1 to A-3 for the offence U/s.460 of Indian Penal Code, 1860 (hereinafter referred to as ‘I.P.C’) and sentenced them to undergo life imprisonment and to pay a fine of Rs.1,000/- each, in default, to undergo simple imprisonment for a period of three months each.

2. Pending appeal, the accused No.1 died on 03.06.2024. Therefore, this Court as per order dated 20.06.2024 dismissed the appeal filed by the appellant/A-1, as abated. Hence, the Criminal Appeal No.715/2016 filed by A-2 and the Appeal No.1327/2017 filed by A-3 were heard, considered, and disposed of by this common judgment.

3. The gravamen of the charge is that the accused No.1 to 3 on the intervening night of 10/11.11.2012 committed lurking house trespass by night,

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