PERLA SOMASEKHARA REDDY Vs. STATE OF A P

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of a Division Bench of the Andhra Pradesh High Court which by the impugned judgment allowed the appeal filed by the State and held A-1 to A-4, A-6, A-7, A-9 to A-13 guilty for various offences. A-3 was found guilty of offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the IPC ). A-1, A-2, A-4, A-6, A-7, A-9 to A-13 were found guilty of offence punishable under Section 302 read with Section 149 IPC and A-1 to A-4, A-6, A-7, A-9 to A-13 were also found guilty of offence punishable under Section 307 IPC as also under Sections 3 and 5 of Explosive Substances Act, 1908 (in short the Explosive Act ). They were acquitted of the rest of the charges except under Section 120B and Section 148 IPC.

(2.) Prosecution case during trial is essentially as follows:

(3.) In support of the appeal, learned Counsel for the appellants submitted that the view taken by the High Court was a possible view and the reversal was done by taking another view. The prosecution, it is to be noted, gave up its case so far as A-15, A-18 and A-19 are concerned. A-5 died on the date of the occurrence while A-8 died during the pendency of the trial. In other words, there are 13 accused persons whose case remains to be considered. The High Court acquitted A-16 and A-17 from all the charges and convicted the rest of the accused as noted above.