APHC010617292018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3566]

(Special Original Jurisdiction)

FRIDAY,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CRIMINAL APPEAL NO: 2367/2018 Between:

1. I JAYALAKSHMI, R/O. AYYALURU VILLAGE, NANDYAL MANDAL, KURNOOL DISTRICT.

...APELLANT AND

1. C JANARDHAN REDDY, R/O. GANGAVARAM VILLAGE, SIRIVEL MANDAL, KURNOOL DISTRICT.

2. C SANJEEVA KUMAR REDDY, R/O. GANGAVARAM VILLAGE, SIRIVEL MANDAL, KURNOOL DISTRICT.

3. C ASHOK KUMAR REDDY, R/O. GANGAVARAM VILLAGE, SIRIVEL MANDAL, KURNOOL DISTRICT.

4. C MADAN MOHAN REDDY, R/O. GANGAVARAM VILLAGE, SIRIVEL MANDAL, KURNOOL DISTRICT.

5. P VIDYASAGAR REDDY, R/O. AYYALURMETTA, NANDYAL MANDAL, KURNOOL DISTRICT.

6. P NARENDRA KUMAR REDDY, R/O. AYYALURMETTA, NANDYAL MANDAL, KURNOOL DISTRICT.

7. CHALLA VADDE VENKATA SUBBAIAH, R/O. MOTHKULAPALLI VILLAGE, SIRIVEL MANDAL, KURNOOL DISTRICT.

8. GADDAM SATHYA NARAYANA OR BUKKAPURAM SATYAM, R/O.BUKKAPURAM VILLAGE, MAHANANDI MANDAL, KURNOOL DISTRICT.

9. TELUGU SHIVA, R/O. GANGAVARAM VILLAGE, SIRIVEL MANDAL, KURNOOL DISTRICT.

10. T HE STATE OF A P, REP., BY PUBLIC PROSECUTOR, HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH.

...RESPODENT(S):

Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High Court may be pleased to to present this Memorandum of Grounds of Criminal Appeal to this Hon'ble Court against the Judgment in S.C. No. 401 of 2014 on the file of III Additional Sessions Judge, Kurnool, dated 9-7-2018 IA NO: 1 OF 2018 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 to grant Special Leave to file an appeal against the judgment of acquittal passed in S.C. No. 401 of 2014 on the file of III Additional Sessions Judge, Kurnool, dated 9-7-2018, in the interest of justice.

Counsel for the Appellant:

1. T S ANIRUDH REDDY Counsel for the Respondent(S):

1. VIRUPAKSHA DATTATREYA GOUDA

2. PUBLIC PROSECUTOR (AP) The Court made the following:

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI FRIDAY,THE FRIST DAY OF MAY TWO THOUSAND AND TWENTY SIX SPECIAL DIVISION BENCH PRESENT HONOURABLE SRI JUSTICE K SURESH REDDY And THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CRIMINAL APPEAL No.2367 of 2018 JUDGMENT: (Per Sri Justice A. Hari Haranadha Sarma Introductory:-

[i] This is an appeal filed under Section 372 of Cr.P.C., corresponding to Section 413 of BNSS 2023 directed against the judgment dated 09.07.2018 of III Additional Sessions Judge, Kurnool at Nandyal in Sessions Case No.401 of 2014.

[ii] One I. Jayalakshmi, wife of one Late Serveshwara Reddy (arrayed as ‗the deceased No.1‘), examined as PW.5, filed the present appeal.

Case of the prosecution:-

2. [i] The deceased No.1/ Sarveswara Reddy owned land in the outskirts of Gangavaram Village and he sold the same to (1) one late Chinnareddigari Padmanabha Reddy and (2) late Chennareddigari Harishchandra Reddy for Rs.3,60,000/- and received Rs.25,000/- towards part payment of the sale-price. An agreement of sale was executed in favour of the vendees. Balance sale consideration is agreed to be paid within the stipulated time, and on such payment registered sale deed is to be executed in favour of the purchasers/vendees. Possession of the land was delivered. Though time was lapsed, the sale price was not paid. Appellants No.1 to 4/A1 to A4 are the legal representatives of the original vendees. Neither the sale price was paid nor the land was vacated despite repeated demands of the deceased No.1. Then the deceased No.1 filed a Suit in O.S.No.258 of 2005 before the Court of Junior Civil Judge, Allagadda and the same is pending.

[ii] The accused party has filed a Suit. Thus the enmity was harboring between the accused party and the deceased. Accused No.1 to 4 used to threaten the deceased to leave the land else they will kill him