KOTA PEDA NAGESH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Accused No.1 in Sessions Case No.300 of 1994 on the file of the I Additional Sessions Judge, Krishna at Machilipatnam is the appellant before us.

(2.) Originally, he along with three others were tried for the following charges: A1 to A4 : UnderSection447ofIPCA1 : Under Sections 302 and 324 IPCA2 to A4 : Under Section 302 r/w Sec. 34 IPCA2 : Under Section 324 of IPCA3 and A4 : Under Section 323 of IPC The Court below on an appreciation of the entire evidence found Accused No.1 guilty of committing an offence punishable under Section 302 IPC and sentenced him to undergo imprisonment for life and also to pay a fine of Rs.5,000.00, in default to suffer simple imprisonment for one year. However, the Court below acquitted Al from other charges while acquitting the other accused from all the charges levelled against them.

(3.) The substance of the charges against the accused is that on 3-6-1994 at about 6.30 p.m. at Pokkunur village, all the accused with a common intention, tress passed into the premises of the deceased and caused injuries to him as a result, he succumbed to the said injuries on 16-6-1994 while undergoing treatment.