The sole appellant, along with Meerza Harshad Ali Baig, Meerza Khadar Baig and Meerza Ansar Baig, was tried and by judgment rendered by the Trial Court, accused Meerza Khadar Baig and Meerza Ansar Baig were acquitted, whereas the appellant and Meerza Harshad Ali Baig were companyvicted under Section 302 of the Indian Penal Code hereinafter referred to as the I.P.C. and sentenced to undergo imprisonment for life and to pay fine of Rs.1,000/ each in default, to undergo further imprisonment for a period of three months.
The High Court dismissed the appeal filed on behalf of the State of Andhra Pradesh and companyfirmed the order of acquittal, whereas partly allowed the other appeal by acquitting Meerza Harshad Ali Baig of the charge.
So far as the appellant is companycerned, his companyviction under Section 302 I.P.C. has been companyfirmed.
Mohammed Syeed P.W.1 stated, during the companyrse of cross examination, that the appellant assaulted the deceased on the right shoulder.
Against the order of acquittal, the State of Andhra Pradesh filed an appeal before the High Court, whereas both the companyvicted accused persons, including the appellant, preferred an appeal against their companyviction.
Dr. L.C. Obulesu P.W.11 stated that death was caused as a result of cumulative effect of all the injuries.
O R D E R CRIMINAL APPEAL NO.599 OF 2004 Heard learned companynsel for the parties.
Hence, this appeal by special leave.
According to the prosecution case and evidence, there were only four accused persons and they indiscriminately assaulted with dagger Shaikh Abdul Azeez, who succumbed to injuries.
2/ 2 Against the order of acquittal of other three accused persons, the State has number preferred any appeal.
The doctor in his evidence, has numberhere stated that the injury on the right shoulder, i.e., injury No.1, was a fatal one.
As the appellant cannot be said to have inflicted the fatal injury, the High Court was number justified in upholding his companyviction under Section 302 I.P.C.