TALARI RAJANNA Vs. STATE OF A P

JUDGEMENT

(1.) The accused Nos.l to 7 in Sessions Case No.434 of 1996, which was decided by the Additional Sessions Judge, Adilabad are appellants herein. The accused-appellants are tried for five charges.

(2.) The first charge against accused Nos.l to 7 was under Section 148 IPC. The learned Judge found them guilty, and therefore, they were convicted and sentenced to suffer rigorous imprisonment for two years, and to pay fine of Rs.100/-, in default to suffer rigorous imprisonment for three months. The second charge against accused Nos.l to 4 was under Section 302 IPC simplicitor. The learned Judge did not record any conviction against them. The third charge against accused Nos.l, 3 and 4 was under Section 307 IPC for attempting to cause the death of PW1. The learned Judge found them guilty of an offence punishable under Section 324 read with 149 IPC and sentenced them to suffer rigorous imprisonment for two years and to pay fine of Rs.100/- each, in default to suffer rigorous imprisonment for three months. The fourth charge against accused Nos.4 to 7 was under Section 324 IPC for beating PWs.2 and 3. They were found guilty and the learned Judge convicted and sentenced them to suffer rigorous imprisonment for two years and to pay fine of Rs.100/-, in default to suffer rigorous imprisonment for three months. The fifth charge against Accused Nos.l to 7 was under Section 302 read with 149 IPC. The learned Judge found all of them guilty of the said charge, and therefore, convicted and sentenced them to suffer imprisonment for life and to pay fine of Rs.100/- each, in default to suffer rigorous imprisonment for three months.

(3.) The substance of the charge against the accused was that on 19-10-1994 at 20.00 hours in the land bearing Survey No.97, situated in the village fields of New Pochampad, the accused alleged to have formed themselves into an unlawful assembly and caused the death of one Goli Poshetty.