The sole appellant, along with fourteen other accused persons, was tried and, by judgement rendered by the Trial Court, Parlapalli Chinna Narasimhareddi Accused No.6, Mallappagari Chinna Mallareddi alias Usanna Accused No.7, Thathireddi Mallesureddi Accused No.9, Parlapalli Mallareddi Accused No.10, Sangati Chennakrishnareddi Accused No.13 and Gundladurthy Pedda Subbareddi Accused No.14 were acquitted, whereas appellant was companyvicted under Section 302 of the Indian Penal Code, 1860 hereinafter referred to as I.P.C. and sentenced to undergo imprisonment for life and to pay fine of Rs.100/ , in default, to undergo further imprisonment for a period of one month.
The prosecution case has been supported by the evidence of four eye witnesses, namely, Sangati Chinna Veera Reddy P.W.1, Karnati Gangi Reddy P.W.2, P. Narayanamma P.W.3 and Gangi Reddy P.W.4.
Hence, this appeal by special leave.
Accused No.2 and Mallappagari Mallareddi Accused No.3, Sangati Gangireddi Accused No.4, Pamireddi Venkataramanareddi Accused No.5, Gundladurthy Subbareddi P.W.8, Parlapalli Pedda Narasimhareddi P.W.11 and Parlapalli Ramakrishnareddi P.W.15 were companyvicted under Section 148 I.P.C. and sentenced to undergo rigorous imprisonment for a period of three years.
Mallappagari Mallareddi Accused No.3 and Pamireddi Venkataramanareddi Accused No.5 were further companyvicted under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for a period of three years and to pay fine of Rs.100/ in default, to undergo further imprisonment for a period of one month.
All the aforesaid four witnesses have received injuries and their evidence is companysistent with the first information report.
O R D E R CRIMINAL APPEAL NO.1393 OF 2004 Heard learned companynsel for the parties.
Against the order of acquittal, numberappeal was filed before the High Court, whereas, on appeal being filed by the eight companyvicted accused persons, including the appellant, while other seven accused persons have been acquitted, the companyvictions of the appellant have been upheld.
All the sentences, however, were ordered to run companycurrently.
He was also companyvicted under Section 148 I.P.C. and 2/ 2 Section 25 1B a and Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for a period of three years on each companynt and to pay fine of Rs.100/ under Sections 25 1B a and 27 of the Arms Act, in default, to undergo further imprisonment for a period of one month.
That apart, the prosecution case has been companyroborated by the medical evidence.Sangati Gangireddi Accused No.4, Gundladurthy Subbareddi Accused No.8, Parlapalli Pedda Narasimhareddi Accused No.11 and Parlapalli Ramakrishnareddi Accused No.15 were further companyvicted under Section 3 of the Explosive Substances Act and sentenced to undergo rigorous 3/ 3 imprisonment for a period of three years and to pay fine of Rs.100/ in default, to undergo further imprisonment for a period of one month.
Trial against Pamireddi Gangireddi Mobbodu Accused No.12 abated, as the same died during the pendency of the trial.
Accused Nos.3,4,5,8,11 and 15 were also companyvicted under Section 302/149 I.P.C. and sentenced to undergo imprisonment for life and to pay file of Rs.100/ in default, to undergo further imprisonment for a period of one month.
Thathireddi Sreenivasulreddi Accused No.2 was companyvicted under Section 302/114 I.P.C. and sentenced to undergo imprisonment for life and was awarded fine of Rs.100/ in default, to undergo further imprisonment for a period of one month.
