NEELADRI VENKATESHWAR RAO Vs. STATE OF A.P.

JUDGEMENT

(1.) The convict filed this Criminal Appeal under Sec. 374(2) of Cr.P.C questioning the correctness of judgment dtd. 29/10/2015 of learned Assistant Sessions Judge, Mangalagiri in S.C.No.295 of 2014. By the impugned judgment, the sole appellant was convicted for the offences under Sec. 307 IPC and 365 IPC. Towards punishment for the offence under Sec. 307 IPC, he was sentenced to undergo rigorous imprisonment for 10 years and pay a fine of Rs.5,000.00 with a default sentence of simple imprisonment for 3 months. Towards punishment and under Sec. 365 IPC, he was sentenced to undergo rigorous imprisonment for 5 years and pay a fine of Rs.3,000.00 with a default sentence of simple imprisonment for 2 months. Learned Assistant Sessions Judge directed both the substantive sentences to run concurrently without mentioning the remand period he underwent, a direction for setting off the period of detention was ordered in terms of Sec. 428 CrPC.

(2.) State is the respondent and on its prosecution, the appellant was tried and was convicted and was punished.

(3.) Learned counsel for appellant Sri.Dr.Majji.Suri Babu submitted oral arguments and also submitted a brief note of arguments. Learned Special Public Prosecutor appearing for the state submitted oral arguments.