STATE OF ANDHRA PRADESH Vs. SHAIK MAZHAR

JUDGEMENT

(1.) The graveyard of Diwane Nawat became the live grave of a 10 years old female child Saida Sadia, as she was killed at the graveyard itself. When her death was discovered to be a case of homicide, the police arrested respondent Shaik Mazhar alias Saleem in connection with it. and later the case was charge-sheeted against him. He was tried before a Sessions Court and at the end of the trial he was found guilty of the offence under Sections 302 and 376 read with Section 511 of the I.P.C. He was sentenced to imprisonment for life on the first count and rigorous imprisonment for 10 years on the next count, besides fine.

(2.) This appeal was heard by a Division Bench of the High Court of Andhra Pradesh (N. Y. Hanumanthappa and Neelam Sanjiva Reddy, JJ.). From what is minuted by the learned Judges in the judgment the entire arguments would have been over in half an hour time, and the judgment was pronounced then and there. Learned Judges disposed of the criminal appeal by a short and criptic judgment as per which the conviction and sentence were upset by the learned Judges in a supercetive manner and the accused was acquitted.

(3.) The State of Andhra Pradesh has filed this appeal by special leave. Ms. Sushma Manchanda, learned counsel for the respondent and Ms. T. Anamika, learned counsel for the State of Andhra Pradesh argued at length.