STATE OF ANDHRA PRADESH Vs. K SRINIVASULU REDDY

JUDGEMENT

(1.) By the impugned judgment a Division Bench of the Andhra Pradesh High Court altered the conviction of the respondents (hereinafter referred to as the 'accused') from Section 302 of the Indian Penal Code, 1860 (in short the 'IPC') to Section 326, IPC. The State of Andhra Pradesh has questioned legality of the judgment.

(2.) Background facts as culled out from the judgment of the trial Court and the High Court are essentially as follows :

(3.) Being vexed with the Civil Court litigations and due to Court orders in favour of deceased and PW-1, the accused persons hatched a plan to kill the deceased. About one week prior to the date of occurrence, all the accused assembled in the house of A-2 several times and entered into criminal conspiracy to murder the deceased and A-3 also stated that he will go to Hyderabad and stay there and instructed A-1 and A-2 to murder the deceased before he returned. A-4 also instructed A-1 and A-2 to murder the deceased as they have lost all their properties and became penniless.