SHAIK INTHIYAZ Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The appellant herein is the accused in Sessions Case No.59 of 2014 on the file of the VIII Additional District and Sessions Judge-cum-Special Judge for Trial of Offences against Woman, Nellore (hereinafter referred to, as 'the Sessions Judge').

(2.) Originally, the appellant herein and two others viz. T. Vamsi Krishna (hereinafter referred to, as 'J1') and G. Murali Manohar (hereinafter referred to, as 'J2') are alleged to have involved in the aforesaid offences. Since the said persons were juveniles-in-conflict-with-law, they were tried in accordance with the procedure contemplated under the Juvenile Justice (Care and Protection of Children) Act, 2015.

(3.) The appellant/accused was tried for the offences punishable under Ss. 302, 397, 307 and 449 read with 34 of the Indian Penal Code, 1860 (for brevity 'IPC'). Vide impugned Judgment, dtd. 6/2/2020, the learned Sessions Judge convicted the appellant/accused of the offences punishable under Ss. 302, 397, 307 and 449 read with 34 IPC and sentenced him to undergo rigorous imprisonment for a period of seven (07) years for the offence punishable under Sec. 397 IPC and to undergo imprisonment for life concurrently for the offences punishable under Ss. 449 and 307 IPC (under two counts) and the sentence of life imprisonment shall be full span of life without any remission. Further, the accused was ordered to hanged by the neck till he is dead for the offence punishable under Sec. 302 IPC (under two counts), as contemplated under Sec. 353 (5) of the Code of Criminal Procedure, 1973 (for brevity 'CrPC') subject to confirmation by this Court under Sec. 366 CrPC.