MEERZA JAMSHED BAIG Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) 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 convicted 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. Against the order of acquittal, the State of Andhra Pradesh filed an appeal before the High Court, whereas both the convicted accused persons, including the appellant, preferred an appeal against their conviction. The High Court dismissed the appeal filed on behalf of the State of Andhra Pradesh and confirmed 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 concerned, his conviction under Section 302 I. P. C. has been confirmed. Hence, this appeal by special leave.

(3.) ACCORDINGLY, the appeal is allowed, conviction and sentence of the appellant are set aside and he is acquitted of the charge. The appellant, who is in custody, is directed to be released forthwith, if not required in connection with any other case.