HIGH COURT OF ANDHRA PRADESH
K. SURESH REDDY, T.C.D. SEKHAR, JJ
GURRALA VENKATESWARA RAO WG.DT & ANR. – Appellant
Versus
THE STATE OF ANDHRA PRADESH REP PP. – Respondent
JUDGMENT:
(Per Hon’ble Sri Justice K.Suresh Reddy)
A.1 & A.3 in S.C.No.415/2010 on the file of learned VII Additional District & Sessions Judge, West Godavari, Eluru-cum-Judge, Family Court are the appellants in the present appeal. They were tried by the learned Additional Sessions Judge under two charges:
(i) First charge was under Section 452 r/w 34 IPC against A.1 to A.3.
(ii) Second charge was under Section 302 r/w 34 IPC against A.1 to A.3.
2. Substance of the charge against the accused is that on 01.11.2009 at about 7.00 P.M., A.1 to A.3 along with Child in Conflict with Law (for short, ‘the CICL’) trespassed into the house of one Adabala Srirama Murthy (hereinafter referred to as ‘the deceased’) at Valluripalli @ Mukkiralapadu Village, Pentapadu Mandal, and beat him with hands and legs and throttled the neck and repeatedly kicked on his stomach and testicles and thereafter while taking treatment, the deceased succumbed to injuries on 04.11.2009, thereby committed offences punishable under Sections 452 & 302 r/w 34 IPC . After completion of trial, the learned Additional Sessions Judge convicted A.1 to A.3 under Section 302 r/w 34 IPC and sentenced them to undergo imprisonment f
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