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2024 Supreme(Telangana) 351

K. SURENDER
Sadath Ali – Appellant
Versus
State of A. P, rep. by Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri M.Govind Reddy
For the Respondent: Public Prosecutor

JUDGMENT:

K.Surender, J.

1. The appellants/A1 to A4 are questioning their conviction for the offences under Sections 307, 326, 324 r/w 34 IPC, vide judgment in S.C.No.171 of 2009 dated 21.06.2010 passed by the VII Additional Metropolitan Sessions Judge, Hyderabad.

2. Briefly, the case of P.W.1/defacto complainant is that all the appellants are residents of his area. In the year 2007 one Mukhtar (not examined) informed P.W.1 that the appellants forcibly took away his motor cycle, mobile phone and gold ring although he had cleared loan due to 1st appellant/A1. A1 and A2 are brothers and A3 and A4 are their cousins. P.W.1 settled the issue in between said Mukhtar and A1. The articles that were allegedly seized from Mukhtar were returned at the instance of P.W.1. Thereafter, on 13. 04.2007 between 10.30 p.m and 11.00 p.m, while P.W.1 was near Moin Cycle shop at Talabkatta, all the accused and three others attacked with iron rods, sticks and talwar. A1 attacked with a stick and beat him on the right leg. When he fell down, A1 attacked with sword on the head. A3 attacked P.W.1 with iron rod on left shoulder and other parts of the body. A2 beat P.W.1 with talwar and iron rod. A4 caught hold

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