ENAGU GANGAREDDY Vs. STATE OF A P

JUDGEMENT

(1.) The Division Bench by order dated 13.9.2004 made the following order: "The following questions were referred to this Division Bench for appropriate decision, (1) Whether the decision in Viswanadhula Chittibabu v. State of A.P., 2002 (2) ALD (Crl.) 206, requires reconsideration in view of the decisions in H.N. Rishbud v. State of Delhi, AIR 1955 SC 196, Munnala v. State of Uttar Pradesh, AIR 1964 SC 28 and Bhanuprasad Hari Prasad Dave v. State of Gujarat, AIR 1968 SC 1323 ? (2) Whether in the facts and circumstances of the case can it be said that prejudice was caused to the accused in the light of the investigation conducted by investigating agency below the rank of Deputy Superintendent of Police?

(2.) Before going to the legal aspect it is necessary to refer the facts of the case covered by Criminal Appeal No.1744 of 1997.

(3.) A1 and A2 were charged for the offence punishable under Section 376(1) IPC and A1 was found guilty and he was convicted and sentenced to suffer rigorous imprisonment for a period of seven years and also to pay a fine of Rs.5,000/-, in default to suffer rigorous imprisonment for one year. However, A2 was acquitted.