KONDISETTI SRINIVSA RAO Vs. STATE OF A.P.

JUDGEMENT

(1.) Challenge in this Criminal Appeal is to the judgment, dtd. 24/7/2009, in Sessions Case No.413 of 2008, on the file of the Court of XI Additional District and Sessions Judge (Fast Track Court) Guntur at Tenali (for short, 'the learned Additional Sessions Judge'), where under the learned Additional Sessions Judge found the appellant/accused No.1 (A-1) guilty of the alternative charge under Sec. 306 of the Indian Penal Code, 1860 (for short, 'the IPC'), convicted him under Sec. 235(2) of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C') and, after questioning him about the quantum of sentence, sentenced him to suffer Rigorous Imprisonment for seven (7) years and to pay a fine of Rs.2,000.00 in default to suffer Simple Imprisonment for two months. However, the learned Additional Sessions Judge found accused Nos.1 to 3 not guilty of the charge under Sec. 304-B IPC and accused Nos.2 and 3 not guilty of the charge under Sec. 306 IPC as such acquitted them under Sec. 235(1) Cr.P.C.

(2.) The parties to this Criminal Appeal will hereinafter be referred to as described before the trial Court, for the sake of convenience.

(3.) The Sessions Case No.413 of 2008 arose out of PRC No.3 of 2008 on the file of the Court of I Additional Judicial First Class Magistrate, Tenali (for short, 'the learned Magistrate') pertaining to Crime No.100 of 2007 of Tenali I Town Police Station.