GEDALA GANESWARA RAO Vs. STATE OF A.P.

JUDGEMENT

(1.) Appellant in Criminal Appeal No.1622 of 2018 is A.1, and the appellants in Transfer Criminal Appeal No.1 of 2021 are A.2 and A.3, in Sessions Case No.77 of 2011 on the file of the Assistant Sessions Judge, Vizianagaram. The learned Assistant Sessions Judge framed charges- for the offence punishable under Sec. 307 of the Indian Penal Code, 1860 (for short, "IPC') against A.1; for the offence punishable under Sec. 307 IPC against A.2, and for the offences punishable under Ss. 307 and 353 read with 34 IPC against A.1 to A.3.

(2.) The learned Assistant Sessions Judge, vide judgment dtd. 19/2/2018, found A.1 and A.2 not guilty of the offence punishable under Sec. 307 IPC and accordingly acquitted them of the said charge, and found A.1 to A.3 guilty of the offences punishable under Ss. 307, 353 read with 34 IPC and accordingly convicted them of the said offences. As A.1 was absent on the date of pronouncement of the Judgment on 19/2/2018, the learned Assistant Sessions Judge issued non-bailable warrant against him for his production, for hearing him with regard to quantum of sentence. After hearing A.2 and A.3 with regard to quantum of sentence, the learned Assistant Sessions Judge sentenced them to undergo simple imprisonment for a period of seven years each and to pay fine of Rs.5,000.00 each, in default to suffer simple imprisonment for a period of four months each, for the offence punishable under Sec. 307 read with 34 IPC, and further sentenced them to pay fine of Rs.5,000.00 each, in default to suffer simple imprisonment for a period of four months each, for the offence punishable under Sec. 353 read with 34 IPC.

(3.) On 4/6/2018, the learned Assistant Sessions Judge heard A.1 with regard to quantum of sentence and sentenced him to undergo simple imprisonment for a period of seven years and to pay fine of Rs.5,000.00, in default to suffer simple imprisonment for a period of four months, for the offence punishable under Sec. 307 read with 34 IPC, and further sentenced him to pay fine of Rs.5,000.00, in default to suffer simple imprisonment for a period of four months, for the offence punishable under Sec. 353 read with 34 IPC.