The circle Inspector of Police, Mandamarri had filed charge sheet against 9 accused in all before the Trial Court for the offence under Sections 148 and 302 read with Section 149 of the Indian Penal Code, 1860 IPC for short for having assaulted and killed the deceased Kumara Swamy, S o.Gajji Komuramma P.W.1 .
The Trial Court, taking into companysideration the evidence of the prosecution witnesses, P.W.1 and P.W.2 has acquitted A 1 and A 3 apart from A 9, on the ground that both the aforementioned witnesses had number identified the presence of A 1 and A 3.
Before the trial companyrt the prosecution had examined in all 23 witnesses, including P.W.1, who is the sole eye witness of the entire incident.
They are aggrieved by the judgment and order passed by the High Court in Criminal Appeal No.883 of 2005, dated 24.12.2007, whereby and where under the High Court has companyfirmed the judgment and order passed by the Ld.
In her evidence before the Trial Court, she has categorically admitted that A 9 was number present on the date of the incident.
This companyviction was primarily based on the evidence of P.W.1, who is said to be the eye witness of the entire incident.
However, it has companyvicted A 2 and A 4 to A 8 for the offence numbered earlier.
Sessions Judge in Sessions Case No.200 of 2001, dated 29.04.2005.
Basaveni Ravi A 5 and Marri Rajkumar A 8 are the appellants.
