LAWS(SC)-2011-1-75

ANISETTI VEERABHADRA RAO Vs. STATE OF A P

Decided On January 25, 2011
ANISETTI VEERABHADRA RAO Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) This appeal arises out of the following facts :-

(2.) The trial court relying on the eye-witness account of PWs- 1, 3 and 4 and on the two dying declarations, one recorded by the police officer and the other by the Magistrate, convicted A- 1 and A-2 for offences punishable under Sections 448 and 302 of the Indian Penal Code and sentenced them to undergo imprisonment for one year and life respectively. A-3 and A-4 were, however, acquitted.

(3.) Aggrieved by the judgment of the trial court, the appellants herein filed an appeal before the High Court. During the course of arguments on the 27th January, 2006 the High Court found that the statements of the appellants under Section 313 of the Criminal Procedure Code had not been properly recorded as all the incriminating circumstances had not been put together, particularly the dying declaration Exhibit P-12. The matter was thereafter remitted to the trial court for framing fresh questions with regard to the dying declarations Exhibit P-12 and P-18.