- (1.) Leave granted.
(2.) Appellant along with 14 others was convicted for offences punishable under Sections 148, 448 read with Section 149, Section 302 read with Section 149 and Section 324 read with Section 149 of the Indian Penal Code, 1860 . The III Additional Sessions Judge, Karimnagar found all the accused persons guilty of the charged offences. For the offence under Section 302 read with Section 149 Indian Penal Code, 1860 each of the accused persons was sentenced to undergo imprisonment for life and to pay a fine of Rs.500/- each with default stipulation. Similarly, for the offences relatable to Sections 148, 448, 149 and 324 Indian Penal Code, 1860 different sentences were imposed. In appeal, the High Court confirmed the conviction and sentence as imposed by the Trial Court on the present appellants and accused nos. 7 to 9, 12 and 13. The High Court directed acquittal of rest of the accused persons of all charges.
(3.) The factual position in a nutshell is as follows : PW-1 is the wife, PW-2 is the father, PW-3 is the mother, PW-4 is the brother and PW-5 is the sister-in-law of Pogula Jasan (hereinafter referred to as the 'deceased'). The accused, deceased and the material witnesses are residents of Neerukulla village. The deceased purchased an Auto and was plying the same between Sulthanabad and Neerukulla. On 02.07.2003 at about 9.00 P.M., the deceased returned to his house from Sulthanabad and informed PWs.1 to 3 that when he requested A-1 and A-2 to travel in his Auto as per the serial number, they refused to travel in his Auto and beat him.;