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APHC010524132018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3547]
(Special Original Jurisdiction)
TUESDAY,THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CRIMINAL APPEAL NO: 2044/2018 Between:
1. P.KOTESWAR RAO, OCC.AGRICULTURE R/O.RATCHAMALLAPADU VILLAGE, VELDURTHI MANDAL, GUNTUR DISTRICT.
...APELLANT AND
1. STATE OF AP, rep. by Inspector of Police, Macharla Rural Circle, rep. by the Public Prosecutor, High Court of Judicature at Hyderabad, Hyderabad.
...RESPODENT Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High Court may be pleased to to set aside the judgment and conviction dated 14-06-2018 in SC.No. 423 of 2013 passed by the X Addl. District and Sessions Judge, Gurazala, Guntur District.
IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to release the petitioner on bail by suspending the sentence passed in S.C.No. 423 of 2013, Date: 14-06-2018 by the Court of the X Addl. District and Sessions Judge, Gurazala, pending disposal of CrI.A.No.2044/2018 before this Hon'ble court and pass IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to release the petitioner on bail by suspending the sentence passed in S.C.No. 423 of 2013, Date: 14-06-2018 by the Court of the X Addl. District and Sessions Judge, Gurazala, pending disposal of Crl.A.No.2044/2018 before this Hon'ble court and pass Counsel for the Apellant:
1. Dr CHALLA SRINIVASA REDDY Counsel for the Respodent:
1. PUBLIC PROSECUTOR (AP)
CRIMINAL APPEAL NO: 389/2019 Between:
1. K.KOTESWARA RAO, TELAGA, RATCHAMALLAPADU VILLAGE ...APELLANT AND
1. STATE OF AP, Represented by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi ...RESPODENT Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High Court may be pleased to Pleased to suspend the operation of the conviction and sentence passed in SC No 423/2013, dt 14.06.2018, on the file of the X Additional and District and Sessions Judge Gurazala and enlarge the appellant/accused No 1 on bail, pending disposal of the criminal appeal and pass IA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to condone the delay of 345 days in prefering the criminal appeal against the judgment in SC No 423/2013 on the file of the X Additional District and sessions judge, Gurazala, and pass IA NO: 2 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to suspend the operation of the conviction and sentence passed in SC No 423/2013, dt 14.06.2018, on the file of the X Additional District and sessions judge, Gurazala and enlarge the appellant /accused on bail, pending disposal of the criminal appeal and pass IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant bail to the petitioner/Appellant after suspending the sentence passing by the X Addl. Dist. and Sessions Judge, Guntur. In Sessions case No: 423/2013 dt: 14-06-2018 against the petitioner/appellant pending disposal of the criminal appeal and pass IA NO: 2 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant bail to the petitioner/Appellant by suspending the sentence passing by the X Addl. Dist. and Sessions Judge, Guntur. In Sessions case No: 423/2013 dt: 14-06-2018 against the petitioner/appellant pending disposal of the criminal appeal and such for other or other orders as this Hon'ble Court may deem fit and proper in the Circumstances of the case IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to grant bail to the petitioner/Appellant after suspending the sentence passing by the X Addl. Dist. and Sessions Judge, Gurajala. In Sessions case No: 423/2013 dt; 14-06-2018 against the petitioner/appellant pending disposal of the criminal appeal Counsel for the Apellant:
1. Dr CHALLA SRINIVASA REDDY
2. -
Counsel for the Respodent:
1. PUBLIC PROSECUTOR (AP)
CRIMINAL APPEAL NO: 396/2019 Between:
1. I.VENKATESWARLU, R/O.RATCHAMALLAPAUD VILLAGE ...APELLANT AND
1. STATE OF AP, Rep by its public prosecutor, High court of AP, amaravathi ...RESPODENT Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High Court may be pleased to Memorandum of grounds of Criminal appeal against the judgment dt 14-06-2018 passed in Sc. 423/2013 on the file of the X Additional District and sessions judge, Gurazala IA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to condone the delay of 263 days in prefering the criminal appeal against the judgment in Sc. 423 of 2013 on the file of the X Additional district and sessions judge, Gurazala IA NO: 2 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to dispense with the filing of the certified copy of the judgment in Sc. 423/2013 on the file of the X Additional District and sessions judge, Gurazala on 14-06-2018 IA NO: 3 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to suspend the operation of the conviction and sentence passed in Sc. 423 of 2013 dated 14-06-2018 on the file of the X Additional District and sessions judge, Gurazala IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant bail to the petitioner/Appellant after suspending the sentence passing by the X Addl. Dist. and Sessions Judge, Guntur. In Sessions case No: 423/2013 dt: 14-06-2018 against the petitioner/appellant pending disposal of the criminal appeal and pass IA NO: 2 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant bail to the petitioner/Appellant by suspending the sentence passing by the X Addl. Dist. and Sessions Judge, Guntur. In Sessions case No: 423/2013 dt: 14-06-2018 against the petitioner/appellant pending disposal of the criminal appeal and such for other or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.
IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to grant bail to the petitioner/Appellant after suspending the sentence passing by the X Add!. Dist. and Sessions Judge, Gurajala. In Sessions case No: 423/2013 dt: 14-06-2018 against the petitioner/appellant pending disposal of the criminal appeal Counsel for the Apellant: 1. SRINIVASA RAO G CH Counsel for the Respodent:
1. PUBLIC PROSECUTOR (AP) The Court made the following:
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI TUESDAY, THIS THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE SPECIAL DIVISION BENCH PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY and THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CRIMINAL APPEAL NOs.2044 of 2018, 389 and 396 of 2019
COMMON JUDGMENT: (Per the Hon’ble Sri Justice K. Suresh Reddy)
As all the three appeals arise out of the same Sessions Case, they are heard together and are being disposed of by way of this common judgment.
2. Accused Nos.1 to 3 in S.C.No.423 of 2013 on the file of the Court of X Additional District and Sessions Judge, Gurazala, are the appellants.
3. Accused No.3 is the appellant in Crl.A.No.2044 of 2018, accused No.2 is the appellant in Crl.A.No.396 of 2019 and accused No.1 is the appellant in Crl.A.No.389 of 2019.
4. The appellants were tried by the learned Additional Sessions Judge under the following charges:
The first charge was under Section 302 read with 34 I.P.C. against A1 to A3;
The second charge was under Section 307 read with 34 I.P.C. against A1 to A3; and
The last charge was under Section 326 read with 34 I.P.C. against A1 to A3.
5. Substance of the charge is that on 31.12.2012, at about 10:00 p.m., accused Nos.1 to 3 hacked and stabbed one Chennuboyina Ramesh (hereinafter referred to as ‘the deceased’), with a hunting sickle and knife in the fields of Ratchamallapadu village, causing his death and in the same process they also attempted to kill P.W.3 and beat P.W.2 causing them injuries, thereby committed offences punishable under Sections 302 r/w 34, 307 r/w 34 and 326 r/w 34 I.P.C.
6. After completion of trial, the learned Additional Sessions Judge convicted accused Nos.1 to 3 under Section 302 I.P.C. and sentenced each one of them to undergo imprisonment for ‘LIFE’ and also to pay a fine of Rs.10,000/- each. The learned Additional Sessions Judge further convicted accused No.2 under Section 307 I.P.C. and sentenced him to suffer imprisonment for ‘LIFE’ and also to pay a fine of Rs.10,000/-. Both the substantive sentences imposed against accused No.2 were directed to run concurrently. The learned Additional Sessions Judge acquitted accused Nos.1 to 3 under Section 326 read with Section 34 I.P.C.
7. Case of the prosecution, as emanated from the evidence of prosecution witnesses, briefly, is as follows:
(i) All the accused and the material prosecution witnesses are residents of Ratchamallapadu village, Veldurthi Mandal. P.W.1 is the wife, and P.W.4 is brother of the deceased, respectively. P.W.5 is the relative of the deceased. About 3½ years prior to the date of incident, accused No.1 borrowed an amount of Rs.10,000/- from the deceased and executed a promissory note in his favour. About 1 ½ years prior to the date of incident, accused No.1 again borrowed an amount of Rs.20,000/- from the deceased under another promissory note. About one year prior to the incident, accused No.1 repaid an amount of Rs.22,000/- to the deceased and received promissory note in respect of the second debt. At that time, when the deceased asked the accused No.1 to clear the first debt of Rs.10,000/-, accused No.1 claimed that he had already repaid it, and in that regard, an altercation took place between the deceased and accused No.1.
(ii) L.Ws.13 and 14, Pinnaboina China Mala Kondaiah and Garlapati Venkata Ramaiah intervened and conveyed panchayat. They found fault with accused No.1 and directed him to repay Rs.10,000/- along with interest amount of Rs.7,000/-, totaling to Rs.17,000/- to the deceased. Accordingly, accused No.1 paid Rs.17,000/- to the deceased and took back his pro-note. Accused No.1 challenged the deceased for collecting the amount twice, and it led to a quarrel, during which accused No.1 received injuries in the hands of the deceased. While such was the position, at about 10:00 p.m. on 31.12.2012, the deceased, accused Nos.2 and 3 & P.Ws.2 and 3 met in the village and decided to consume arrack on the eve of New Year.
(iii) At about 9:00 p.m., P.Ws.2 and 3 went to the house of deceased and took him to the fields of P.W.2, where they, along with accused Nos.2 & 3 consumed arrack till 12:15 in the midnight. At that time, a minor altercation took place between accused No.2 and the deceased. Thereafter, accused Nos.2 and 3 left the pl
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