KAGITHALA SOMA RAJU Vs. STATE OF A P

JUDGEMENT

(1.) THESE two Criminal Appeals are directed against the judgment dated 29-1-2002 passed in S. C. No. 129 of 1998 on the file of Sessions Judge, West Godavari at Eluru by which the learned Sessions Judge convicted A1 Kagithala Soma Raju, A2 Kagithala Venkateswara Rao, A3 Bandi Ramanadham and A4 Shaik Nazeer for the offences under S.448 and S.302 r/w 149 IPC and further convicted A2 for the offence under S.324 IPC and A1, A3 and A4 for the offence under S.324 r.w. / 149, IPC and sentenced A1 to A4 to suffer imprisonment for life and to pay a fine of Rs. 1,000/- each in default to suffer RI for two months for the offence under S.302 r/w 149 IPC and A2 to suffer rigorous imprisonment for a period of three years and fine of Rs. 1,000/- in default to suffer RI for two months for the offence under S.324 IPC; and A1, A3 and A4 to suffer RI for three years and fine of Rs. 1,000/- each in default to suffer RI for two months for the offence under S.324 r/w 149, IPC. However, learned Sessions Judge found A5, A6 and A8 not guilty for the offences which they stood charged and accordingly acquitted them. A7 died pending trial and so the case against him stood abated. The appellants in Crl. A. 354 of 2002 are A1 and A2 and appellants in Crl. A No. 356 of 2002 are A3 and A4. Since both the appeals arise out of the same judgment passed in S.C. No. 129 of 1998 on the file of Sessions Judge, West Godavari at Eluru, they are being disposed of by this common judgment.

(2.) THE appellants along with four others namely A5 Chintada Dhanu alias Danam, A6 Puvvula Kishore, A7 Kasanakurthi Raju (since died) and A8 Salagala Yesu were put on trial before the Sessions Judge, West Godavari at Eluru for the charges punishable under S.148, S.448, S.302, S.302 r/w 149, 307, 307 r/w 149, IPC.

(3.) THE appellants in both the appeals, hereinafter, referred to as they are arrayed in S.C. No. 129 of 1998.