STATE OF A. P. Vs. MITTAPALLI SUDHAKAR REDDY

JUDGEMENT

(1.) The effect of not trying case and counter case or cross case one after the other by the same Court, is the issue involved in this case. In order to appreciate the same, it would be necessary to refer to few facts.

(2.) Originally, seven accused were tried for the offences punishable under Ss. 147, 148, 323, 324, 302, 326, 323 r/w. Sec. 149, Sec. 324 r/w. Sec. 149 I.P.C. and Sec. 326 r/w. Sec. 149 I.P.C in Sessions Case No.132 of 2007. By its Judgment dtd. 16/5/2012 learned VII Additional District and Sessions Judge, Madanapalle acquitted the accused of all charges.

(3.) The gravamen of the charge against the accused, is that on 16/5/2006 at about 5.00 P.M., in front of the house of A.1 at Mittavandlapalle Village, all the accused formed themselves into an unlawful assembly and in prosecution of the common object of unlawful assembly, caused the death of one M. Reddeppa Reddy by beating him with stones and sticks on his head indiscriminately. In respect of this incident, a case in Crime No.26 of 2006 of Peddamandyam Police Station came to be registered. After completing the investigation, a Charge Sheet came to be filed which was taken on file in P.R.C.No.02 of 2007 on the file of Judicial Magistrate of First Class, Thamballapalle and then committed to the Court of Sessions which was tried as Sessions Case No.132 of 2007 [present case].