POSHAM DASHARATHA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Criminal Appeal No.589 of 2017 is filed by accused No.1 in S.C.No.27 of 2011 questioning his conviction and sentence under Sec. 302 r/w 149 of IPC.

(2.) In all, 10 accused were tried for the very same offence. Accused Nos.1 to 6 were tried in S.C.No.27 of 2011 and accused Nos.1 to 4 were tried vide S.C.No.374 of 2010. Initially, accused Nos.1 to 6 were charge sheeted for the offences under Ss. 147, 148, 302, and 120-B r/w 149 of IPC. Aggrieved by the deletion of the names of four other accused in the charge sheet (who are accused Nos.1 to 4 in S.C.No.374 of 2010), P.W.1 filed a private complaint before the learned Magistrate. The learned Magistrate enquired in accordance with Sec. 200 Cr.P.C. took cognizance of the offence and numbered it as P.R.C. The case was committed to the Court of Sessions. After committal, the same was numbered as S.C.No.374 of 2010. Learned Sessions Judge tried both, the S.C.No.27 of 2011 (against 6 accused) and S.C.No.374 of 2010 (against 4 accused on the basis of private complaint) together and disposed both the cases by way of a common judgment. After trial, the learned Sessions Judge found that only accused No.1 in S.C.No.27 of 2011 was guilty and all the other 9 accused were not guilty.

(3.) P.W.1-complainant filed Crl.R.C.No.2338 of 2017 questioning the acquittal of accused Nos.1 to 4 in S.C.No.374 of 2010 and Crl.R.C.No.2368 of 2017 questioning the acquittal of accused Nos.2 to 6 in S.C.No.27 of 2011. The Hon'ble Chief Justice directed both the Crl.R.C.Nos.2338 and 2368 of 2017 to be tagged along with Crl.A.No.589 of 2017.