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2024 Supreme(Telangana) 1055

SAMBASIVA RAO NAIDU
Palleboina Sadaiah – Appellant
Versus
State of A. P. – Respondent


Advocates Appeared:
For the Appellant : C. Ruthwik Reddy, Adv.

JUDGMENT :

(Sambasiva Rao Naidu, J.)

1. This is a Criminal Appeal filed by the sole accused in SC. No. 605 of 2010 on the file of Principal District and Sessions Judge, Warangal. This appeal has been filed under Section 74(2) of Criminal Procedure Code (for short 'Cr.P.C.') challenging the judgment and conviction recorded by the trial Court dated 10-07-2012 by the trial Court, where under, the appellant herein was convicted under Section 235 (2) Cr.P.C. for the offence under Section 304-II of Indian Penal Code (for short 'I.P.C.') and was sentenced to undergo Rigorous Imprisonment for a period of Five years and to pay a fine of Rs. 1,000/-in default of payment of fine to undergo further Simple Imprisonment of Six months.

2. As could be seen from the impugned judgment, it appears that the appellant herein was tried before the learned Principal District and Sessions Judge, Warangal in SC. No. 605 of 2010 with an allegation that he has committed an offence under Section 302 of IPC. However, after the trial, the trial Court came to the conclusion that the prosecution was not able to prove the guilt of appellant for the offence under Section 302 of IPC. However, held that the evidence pla

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