AKULA SOMAIAH Vs. STATE OF A P

JUDGEMENT

(1.) IN all eleven persons were tried as A-1 to a-11 in S. C. No. 336 of 1997 on the file of the court of the I Additional Sessions Judge, nalgonda, for the offences punishable under sections 364, 302, 302 read with 109 and 201 of the Indian Penal Code, 1860. The learned I additional Sessions Judge, while acquitting a-7 to A-11 of all the charges and acquitting a-1 to A-6 of the charge punishable under section 302 read with 149 and 201 of IPC, however, found A-1 to A-6 guilty of the charge punishable under Section 364 of IPC and accordingly convicted and sentenced them to undergo rigorous imprisonment for ten years and also to pay a fine of Rs. 500/- each in default to suffer simple imprisonment for a period of two months each. Questioning the said judgment dated 17-11-2000; A-1 to A-6 preferred the present appeal.

(2.) THE substance of the charge framed against the accused by the trial Court is that a-1 to A-11 on the night of 02-10-1996 at the outskirts of Ravulapally Thonda abducted one akula Komaraiah to cause his death and accordingly caused his death.

(3.) THE case of the prosecution as culled out during the course of evidence, is as follows-