BOCHU SRINIVASULU MUNTHOUDU Vs. STATE OF A.P.

JUDGEMENT

(1.) Accused Nos.1 to 7 in Sessions Case No.430 of 2008 on the file of I Additional District and Sessions Judge, SPLR Nellore District, preferred this criminal appeal under Section 374(2) Criminal Procedure Code (for short "Cr.P.C."), challenging the conviction and sentence passed in calendar and judgment dated 19.06.2012, whereby accused Nos.1 to 7 were found guilty for the offences punishable under Section 148, 307, 302 read with 149 of Indian Penal Code (for short "I.P.C.") and they were convicted and sentenced to undergo rigorous imprisonment for a period of one year each for the offence punishable under Section 148 of I.P.C. and also sentenced to undergo rigorous imprisonment for a period of seven years each and to pay fine of Rs.500/- each for the offence punishable under Section 307 read with 149 of I.P.C. and further sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.1,000/- each for the offence punishable under Section 302 read with 149 of I.P.C. while finding accused Nos.1 to 9, 11 and 12 not guilty for the offences punishable under Sections 148, 448 and 427 of I.P.C. and also finding accused Nos.8, 9, 11 and 12 not guilty for the offences punishable under Sections 148, 307 and 302 read with 149 of I.P.C. and acquitted them for the said charges.

(2.) It is a case of murder of Chodam Mallikharjuna, S/o Venkatasubbaiah and attempt to kill Bochu David (P.W.1) in a dark night, on the terrace of Sowkya Hotel, North Rajupalem village.

(3.) The deceased Chodam Mallikharjuna and P.W.1 - Bochu David, P.W.2 - Bochu Thirupathi, P.W.3 - Kavali Ramesh, P.W.4 - Chodam Suseelamma and Guruthoti Srinivasulu, Shaik Mahaboob Basha, Kaliseti Rajesh, Pilari Ramu, Vegitala Nagaraju, Chodam Yanadamma @ Yashodara, Kavali Penchalaiah, Kotam Reddy Sunil Kumar are residents of North Rajupalem in Kodavalur Mandal. P.W.1 - Bochu David is the injured and defacto complainant.