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ANDHRA PRADESH HIGH COURT
Syed Shah Mohd. Quadri, Another Judge, JJ
Thirumalareddy Thamasamma v. Govt. of A.P. and others
| Table of Content |
|---|
| 1. murder case background and convictions (Para 1) |
| 2. allegation of malafide exercise of power (Para 2) |
| 3. writ petition admission and urgency (Para 3) |
| 4. understanding section 432 of the criminal procedure code (Para 4) |
| 5. legal arguments on mandatory conditions of section 432 (Para 5 , 6) |
| 6. conflicting powers of government and appellate court (Para 7 , 12) |
| 7. effect and scope of section 433-a of the cr.p.c. (Para 11 , 19 , 22) |
| 8. judicial oversight on executive clemency powers (Para 15 , 18 , 33) |
| 9. reinforcement of supreme court's stance on clemency (Para 24 , 28) |
| 10. court's ruling and implications for future cases (Para 34 , 35) |
1. Petitioner is the widow of late Sri Thirumalareddy Showrireddy, who was murdered at 7.00 p.m. on 5-10-1987. Police had registered crime No. 86/87 of Gurajala Police Station against the 3rd respondent and 15 others under S.302 read with S. 34, IPC, as also under S.324 and S.326, IPC. The crime was tried as S.C. No. 351/88 by the 1st Addl. Sessions Judge, Guntur. It was subsequently transferred to the Court of Session, Ongole, where it was re - numbered as S.C. No. 11/91. The Sessions Judge, Ongole in his judgment dt. 4-10-1991 found the 3rd re
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