SUNKI REDDY Vs. STATE OF ANDHRA PRADESH
HIGH COURT OF ANDHRA PRADESH
STATE OF ANDHRA PRADESH
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A.D.V.Reddy, J. -
(1.) The appellant had
been convicted by the Sessions Judge,
Kurnool, of the offence under sections
147, Indian Penal Code and 302 read with
149, Indian Penal Code.
(2.) The case for the prosecution was that
he along with four others formed themselves into an unlawful assembly on the
night of 29th of July, 1969 at 11 P.M. at
the tea stall of one Bangari Narsanpa,
situated near Molagavalli Railway Station
with the common object of causing the
death of one Harijana Narasayya, a
porter at Molagavalli Railway Station,
and in pursuance of the said common
object, committed the murder of the
said Narasanna the same night.
(3.) The present accused was granted
pardon under the provisions of section
337, Criminal Procedure Code and he was
examined as a witness in Sessions Case
No. 1 of 1969. That case ended in conviction inspite of this accused who
was examined as a witness turning hostile and not
conforming to his confessional statement.
Thereafter on a certificate issued by the
Public Prosecutor a fresh case was
registered against the present accused
and he came to be tried in Sessions Case
No. 70 of 1969 and has been convicted
of the offence under sections 147 and 302
read with 149, Indian Penal Code.;
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