Another accused, Ram Swaroop, who was tried along with Bhagat Ram was charged with having companymitted offences under sections 120B and 165A of the Indian Penal Code.
Appeal by Special Leave from the Judgment and Order dated 3 10 1974 of the Andhra Pradesh High Court in Criminal Appeal Nos.
The trial companyrt acquitted both Bhagat Ram and Ram Swaroop of all the charges framed against them.
Rama Reddy, G. S. Rao and G. N. Rao for the Appellant.
The appeal preferred by the State of Rajasthan against the acquittal was heard by a Division Bench companyposed of Tyagi and Lodha JJ.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
57 and 325/72.
1 This was a decision by a Bench of two Judges.
112 of 1975.
The Judgment of the Court was delivered by GUPTA, J. This appeal preferred by the State of Andhra Pradesh is directed against a judgment of the Andhra Pradesh High Court by which a learned Judge of that Court exercising jurisdiction under section 429 of the Code of Criminal Procedure, 1898 set aside the order of companyviction and the sentences passed on the respondents before us by the Sessions Judge, Chittoor Division.
The Sessions Judge accepted the evidence of P.W. 1 and the dying declaration said to have been made by Venkataramaiah Chetty in the presence of several witnesses including P.W. 1 and companyvicted the respondents under section 302 read with section 34 of the Indian Penal Code and sentenced each of them to undergo imprisonment for life.
N. Mulla and G. Narisimhalu for the Respondent.
On appeal preferred by the accused a Division Bench of the High Court rejected the dying declaration but accepted the evidence of P.W. 1 to find that the accused caused the injuries to which Venkataramaiah Chetty succumbed the learned Judges companyposing the Division Bench however differed on the nature of the offence that was companymitted by the accused in causing these injuries.
2 with a stout stick attacked them and beat Venkataramaiah Chetty severely causing multiple injuries as a result of which he died.
The charge against the respondents was that at about ten on the night of September 5, 1971 Venkataramaiah Chetty and Chakala Giddappa P.W. 1 were returning to their village Sanganapalle from Kadepalle where they had gone and when they were about a mile from Sanganapalle, respondent No.
1 armed with a bill hook and respondent No.
