1978 Supreme(Mad) 198
MADHUSUDAN RAO, ALLADI KUPPUSWAMI
Chapalamadugu Bollayya and another – Appellant
Versus
State of Andhra Pradesh, represented by the Public Prosecutor, High Court of Andhra Pradesh, Hyderabad, and another – Respondent
Advocates:
T.V. Sarma, for Petitioners.
Public Prosecutor on behalf of Respondents.
Alladi Kuppuswami, J.-The petitioners herein are accused Nos. 1 and 4 in P.R.C. No. 14 of 1977 on the file of the Court of the Judicial Magistrate of Second Class, Narasaraopet, who is the second respondent in this writ petition. The petitioners and three others were arrested and produced before the second respondent on 3rd December, 1977. In the remand report it was stated that one Chandra Satyanarayana was. attacked by these five accused on 17th November, 1977 at about 9 a.m. A-4 beat him with an axe on his head. A-1 speared him on his left stomach and all the accused beat the deceased indiscriminately. Satyanarayana died instantaneously. They also beat Chandra Narayya who was with Satyanarayana and he received injuries. The second respondent remanded all the accused to judicial custody under section 167, Criminal Procedure Code, till 15th December, 1977. On a memo, filed by the police, the remand was extended till 28th December, 1977. Meanwhile a charge-sheet (report under section 190(1)(b), Criminal Procedure Code) was filed on 17th December, 1977 charging A-4 of an offence under section 302, Indian Penal Code and all the accused under section 302, Indian Penal Code read with s
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