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K. SURESH REDDY, SUBBA REDDY SATTI
Bollavaram Malleswara Reddy – Appellant
Versus
Bareddy Bhaskara Reddy – Respondent
JUDGMENT
Subba Reddy Satti, J.—Questioning the judgment of acquittal passed by the learned III Additional Sessions Judge, Kurnool at Nandyal, in Sessions Case No.350 of 2013, dated 25.01.2018, the de facto complainant (P.W.1) filed the present Criminal Appeal.
2. Respondents 1 to 7/Accused 1 to 7 were tried by the learned Additional Sessions Judge under the following charges:—
(i) The first charge was under Section 148 IPC against A-1 to A-7.
(ii) The second charge was under Section 302 IPC against A-1 to A-4.
(iii) The third charge was under Sec.302 r/w 149 IPC against A-5 to A-7
(iv) The last charge was under Sec.307 IPC against A-2 & A-5 to A-7.
3. The parties to this appeal are referred to as they were arrayed in Sessions Case No.350 of 2013, for the sake of convenience.
4. Gravamen of the charge is that on 14.10.2012 at about 10.30 p.m., near the fields on Pesaravai rastha, outskirts of Bojanam village, Bandi Atmakur Mandal, A-1 to A-7 with a common intention, formed themselves into an unlawful assembly with deadly weapons, such as axes and sticks, and committed the offence of rioting; caused death of B. Sivarami Reddy (hereinafter referred to as deceased No.1) and Mallu Rames
(1) Murder, attempt to murder and rioting – When genesis and manner of incident itself are doubtful, benefit of doubt should always be in favour of accused.(2) Appreciation of evidence – While apprec....
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