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2024 Supreme(Telangana) 288

P. SAM KOSHY, SAMBASIVARAO NAIDU
Balthu Ajay Kumar – Appellant
Versus
State of Telangana, Rep. P. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: P. Prabhakar Reddy.

JUDGMENT :

P. Sam Koshy, J.

This appeal was listed for consideration of I.A.No.1 of 2024 seeking suspension of sentence.

2. Taking into consideration the fact that the appeal is of the year 2017 and the appellant-accused has undergone 8 years and 18 days incarceration and also taking note of the fact that the conviction of the appellant was only on the circumstantial evidence, we thought it proper to decide the appeal itself on merits rather than deciding the application for suspension of sentence. Learned counsels appearing on both sides advanced their hearing, accordingly, we proceed to decide the appeal on merits.

3. The instant appeal has been filed assailing the Judgment of conviction dated 19.12.2016 passed by the learned VIII Additional District & Sessions Judge, Miryalaguda in S.C.No.620 of 2011. Vide the said impugned Judgment, the trial Court has found the appellant guilty for the offence punishable under Section 302 of Indian Penal Code (for short “IPC”) for two counts, and for the offence under Section 364 of IPC for two counts. The accused has been sentenced to undergo Rigorous Imprisonment for life along with fine of Rs.1,000/- on each count under Section 302 IPC, and for

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