CHEMUDIMUDI CHINNA MUSALAYYA Vs. STATE OF A P

JUDGEMENT

(1.) 28 persons were tried in Sessions Case No. 140 of 2003 by the II Additional Sessions Judge, rajahmundry. They were tried for the offences under Sections 148, 452, 427, 506, 302 and 302 read with 149 of I. P. C. A-1, a-4 to A-28 were found not guilty and were acquitted of all the charges. A-2 and a-3 have been found guilty and convicted for the offence under Section 302 of I. P. C. and have been sentenced to suffer imprisonment for life. They are also fined rs. 1,000/-, in default, they have to suffer imprisonment for three months.

(2.) THE allegations on the basis of which the charge-sheet was filed, were that in the intervening night of 1/2. 10. 2002 at about 1 'o' clock, the accused, in furtherance of their common object, formed themselves into an unlawful assembly, committed house trespass into the house of Vadlapati Nariyya and committed mischief and caused his death at R. B. Patnam Village. They also committed the offence of criminal intimidation by threatening PWs. 1 to 5. On the basis of these allegations, charges were framed against the accused, who pleaded not guilty and claimed to be tried.

(3.) PROSECUTION examined 11 witnesses and exhibited documents. The defence did not led any oral evidence, but marked Ex. D-1.