PUBLIC PROSECUTOR Vs. SHAIK IBRAHIM

JUDGEMENT

(1.) This is an appeal by the State Government against the acquittal of the seven respondents in Sessions Case No. 32 of 1961 on the file of the court of Sessions, Warangal Division. The seven respondents who figured as Accused-1 to 7 respectively and will be referred to as such in the course of this judgment, are: 1. Shaik Ibrahim (Accused) 2. Syed Hasan Ali (Accused-2) 3. C. Janardhanrao (Accused-3) 4. G. Satyanarayanarao (Accused-4) 5. Ahmed Ali (Accused-5) G. K. Narasimhamurthy (Accused-6) and 7. K. Ramaiah (Accused-7).

(2.) The accused were all members of the police force, and at the material time Accused-1 was the Circle Inspector. Accused-2 and 3 were the Sub-Inspectors and Accused-7 was a police constable attached to the Central Crime station, Warangal. Accused-4 was the Sub-Inspector and Accused-5 and 6 were the police constables Nos. 957 and 885 respectively attached to the Mathwada police station. Both the Central Crime Station and the Mathwada Police Station were located in one and the same building in adjoining halls. The accused were tried by the Sessions Judge, Warangal, on two charges. The first charge comprised of two parts -- the first part was against Accused-2, 5, 6 and 7 under Section 302 read with Section 34 I. P. C. on the allegation that on the night of 24-4-1961 at the police station, Mathwada in Warangal town, they had in furtherance of their common intention, caused the death of one Botla Chandriga, hereinafter referred to as Chandriga, while the second part of the charge was framed against Accused 1, 3 and 4 under Section 302 read with Section 109 I. P. C. for having abetted the commission of the aforesaid offence.

(3.) The second charge was against all the seven accused under Section 201 read with Section 34 I. P. C. for having caused the evidence of the said offence to disappear with the intention of screening themselves from legal punishment.