STATE OF A.P. Vs. THAMMISETTY NARAYNA

JUDGEMENT

(1.) Both these Criminal Appeals arose as against the judgment in Sessions Case No.10 of 2002, on the file of the Assistant Sessions Judge, Markapur, dtd. 13/10/2004, whereunder the learned Assistant Sessions Judge, Markapur, found the respondents in Criminal Appeal No.1001 of 2008 not guilty of the charges framed against them and acquitted them under Sec. 235 (1) of Criminal Procedure Code ( Cr.P.C. for short) and found the respondents in Criminal Appeal No.426 of 2007 guilty of certain charges and sentenced them accordingly. So, the Criminal Appeal No.426 of 2007 is filed questioning the quantum of sentence i.e., inadequacy of sentence and that is filed by the State. Similarly, the Criminal Appeal No.1001 of 2008 is filed as against the acquittal of the respondents therein.

(2.) The Sessions Case No.10 of 2002 arose out of committal order passed by the Judicial First Class Magistrate, Markapu in P.R.C.No.34 of 2001.

(3.) The case of the prosecution, in brief, is that the State, represented by the Station House Officer, Pedda Araveedu Police Station, filed charge sheet in Crime No.23 of 2001 of Pedda Araveedu Police Station, under Ss. 147, 148, 324 and 307 of Indian Penal Code ( I.P.C. for short) r/w 149 of I.P.C., alleging that A.1 to A.13 and L.Ws.1 to 15 are residents of Ramayapalem Village of Pedda Araveedu Mandal. A.1 to A.13 belonged to Vaddera caste. The above prosecution witnesses except L.Ws.7 and 12 belonged to Reddy caste. L.Ws.7 and 12 belonged to Rajaka caste.