Mallappa Gori Malla Reddy @ Reddy M.R. Vs. State of Andhra Pradesh [2008] INSC 599 (8 April 2008)
B.N. AGRAWAL & G.S. SINGHVI
O R D E R CRIMINAL APPEAL NO.1393 OF 2004 Heard learned counsel for the
parties.
The sole appellant, along with fourteen other accused persons, was tried
and, by judgement rendered by the Trial Court, Parlapalli Chinna Narasimhareddi
[Accused No.6], Mallappagari Chinna Mallareddi alias Usanna [Accused No.7],
Thathireddi Mallesureddi [Accused No.9], Parlapalli Mallareddi [Accused No.10],
Sangati Chennakrishnareddi [Accused No.13] and Gundladurthy Pedda Subbareddi
[Accused No.14] were acquitted, whereas appellant was convicted under Section
302 of the Indian
Penal Code, 1860 [hereinafter referred to as `I.P.C.'] and sentenced to
undergo imprisonment for life and to pay fine of Rs.100/-, in default, to
undergo further imprisonment for a period of one month. He was also convicted
under Section 148 I.P.C. and ....2/- - 2 Section 25(1B)(a) and Section 27 of
the Arms Act and sentenced to undergo rigorous imprisonment for a period of
three years on each count and to pay fine of Rs.100/- under Sections 25(1B)(a)
and 27 of the Arms Act, in default, to undergo further imprisonment for a
period of one month. Thathireddi Sreenivasulreddi [Accused No.2] was convicted
under Section 302/114 I.P.C. and sentenced to undergo imprisonment for life and
was awarded fine of Rs.100/-; in default, to undergo further imprisonment for a
period of one month. Accused No.2 and Mallappagari Mallareddi [Accused No.3],
Sangati Gangireddi [Accused No.4], Pamireddi Venkataramanareddi [Accused No.5],
Gundladurthy Subbareddi [P.W.8], Parlapalli Pedda Narasimhareddi [P.W.11] and
Parlapalli Ramakrishnareddi [P.W.15] were convicted under Section 148 I.P.C.
and sentenced to undergo rigorous imprisonment for a period of three years.
Accused Nos.3,4,5,8,11 and 15 were also convicted under Section 302/149 I.P.C.
and sentenced to undergo imprisonment for life and to pay file of Rs.100/-; in
default, to undergo further imprisonment for a period of one month.
Mallappagari Mallareddi [Accused No.3] and Pamireddi Venkataramanareddi
[Accused No.5] were further convicted under Section 27 of the Arms Act and
sentenced to undergo rigorous imprisonment for a period of three years and to
pay fine of Rs.100/-; in default, to undergo further imprisonment for a period
of one month. Sangati Gangireddi [Accused No.4], Gundladurthy Subbareddi
[Accused No.8], Parlapalli Pedda Narasimhareddi [Accused No.11] and Parlapalli
Ramakrishnareddi [Accused No.15] were further convicted under Section 3 of the
Explosive Substances Act and sentenced to undergo rigorous ....3/- - 3 -
imprisonment for a period of three years and to pay fine of Rs.100/-; in
default, to undergo further imprisonment for a period of one month. All the
sentences, however, were ordered to run concurrently. Trial against Pamireddi
Gangireddi @ Mobbodu [Accused No.12] abated, as the same died during the
pendency of the trial. Against the order of acquittal, no appeal was filed
before the High Court, whereas, on appeal being filed by the eight convicted
accused persons, including the appellant, while other seven accused persons
have been acquitted, the convictions of the appellant have been upheld. Hence,
this appeal by special leave. The prosecution case has been supported by the
evidence of four eye witnesses, namely, Sangati Chinna Veera Reddy [P.W.1],
Karnati Gangi Reddy [P.W.2], P. Narayanamma [P.W.3] and K. Gangi Reddy [P.W.4].
All the aforesaid four witnesses have received injuries and their evidence is
consistent with the first information report. That apart, the prosecution case
has been corroborated by the medical evidence. In our view, the High Court was
quite justified in upholding the conviction of the appellant and no ground for
interference by this Court is made out.
The criminal appeal, accordingly, fails and the same is dismissed.
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