PERIYASWAMY SANGI Vs. STATE

JUDGEMENT

(1.) The accused-appellants herein were tried by the III Additional Sessions Judge, East Godavari at Kakinada in Sessions Case No. 300 of 94 for the offence punishable under Section 302 read with Section 34, I.P.C. On evidence the learned Judge found that no offence disclosed against both the appellants punishable under Section 302 read with Section 34, I.P.C. But the learned Judge came to the conclusion that accused No. 1 was guilty of the offence punishable under Section 304, Part II, IPC and therefore the said accused-appellant was convicted by the learned Sessions Judge and was sentenced to suffer Rigorous Imprisonment for six years. The Judge further found that accused No. 2 was guilty of an offence punishable under Section 324, I.P.C. and therefore convicted him and sentenced him to suffer Rigorous Imprisonment for one year.

(2.) Aggrieved by the aforesaid orders of conviction and sentence, the accused-appellants have approached this Court in appeal on various grounds as stated in the appeal memo.

(3.) The prosecution story can be briefly as follows: The accused Nos. 1 and 2 are the driver and cleaner of the lorry bearing No. AHT 9299 which belongs to Messrs. Pandian Transport, Visakhapatnam. The deceased Adusumilli Rangarao and Vujjana Appalaswamy are the driver and cleaner of a lorry bearing No. A.P. 31-T. 4794, respectively.