AMBATI ARUNA Vs. STATE OF A.P.

JUDGEMENT

(1.) THE facts in these two cases are similar and hence they are disposed of by this common order. W.P.No.5440 of 2010 The husband of the Petitioner was murdered due to political rivalry on 07 - 06 -1992. The case was tried in S.C.No.5 of 1994 by the learned II Additional Sessions Judge, Kadapa at Proddatur and sentenced Accused Nos.2 to 7 with imprisonment for life by judgment dated 27 -02 -1998 for the offence under Sections 302 read with 149 IPC. All the accused preferred two appeals before this court in Crl.A.Nos.408 and 409 of 1998 and this court by judgment dated 11 -

(2.) -1999 allowed Crl.A.No.408 of 1998 filed by A -2 and modified the conviction and sentence in respect of A -2 to A -7 in Crl.A.No.409 of 1998 to a punishment under Section 304 -II IPC and sentenced them to undergo rigorous imprisonment for a period of four(4) years with fine of Rs.5,000/ - each in default to suffer rigorous imprisonment for one year. Accused No.7 was acquitted of all charges levelled against him. The accused preferred Crl.A.Nos.1342 and 1343 of 1999 before the Supreme Court and the same was dismissed on 18 -11 -2004 confirming the judgment of this court in Crl.A.Nos.408 and 409 of 1998 dated 11 -02 -1999. 2. It is the case of the Petitioner that A -3 to A -6 were in jail from 27 -02 - 1998 to the date bail was granted by the Apex Court in Crl.A.No.1343 of 1999 for about a period of 15 months and when no action was taken to apprehend A -3 to A -6 the present writ petition was filed for taking further action consequent to the dismissal of the appeal by the Supreme Court.

(3.) IT is further stated that in obedience to the interim order, the police are unable to execute the NBWs issued against A -3 to A -6 who filed W.P.No.7795 of 2010.