TADIKONDA RAMULU Vs. STATE OF ANDHRA PRADESH
HIGH COURT OF ANDHRA PRADESH
STATE OF ANDHRA PRADESH
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Eswara Prasad, J. -
(1.)The petitioner was found guilty of the offences under Sections 307 and 376 read with Sec. 511 IPC, and he wasconvicted and sentenced to suffer R.1 for five years and also to pay a fine of Rs.100/- for each of the offences by the Principal Asst. Sessions Judge, Tenali in SC No.441/88 and CC No.147/87 on a private complaintlodged by the Second respondent. The petitioner filed Crl.A.No.143/ 90 in the Court of of Sessions, Guntur, against the said conviction and sentence. The learned Sessions Judge allowed the appeal, set aside the conviction and sentence and remitted the matter back to the Prl. Asst. Sessions Judge, Tenali, and restored CC No.147/87 to file. The order of the II Addl. Munsif Magistrate Tenali in PRC No.8/88 dated 19-12-88 was quashed. The learned Magistrate was directed to expedite the enquiry in PRC.8/88.
(2.)The 2nd respondent filed the private complaint against the petitioner for offences under Sections 376 read with 511 and 307 and 324 IPC on 24-9-87, in the Court of the II Addl. Munsif Magistrate, Tenali. After recording the statement of the complainant and two others on 25-4-88, the learned Magistrate took the complaint on file for offences under Sections 207 and 376 IPC read with Section 511 IPC on 11-7-88 and consequently the case was registered as PRC No.8/88 and summons were issued to the accused. The S.I. of Police, Kollur, filed chargesheet in Cr.No.71/88 alleging that the petitioner is liable for punishment for offences under Secs.354, 325 and 324 IPC and the said charge-sheet was taken on file as CC No.147/87 on the file of the II Addl. Munsif Magistrate Tenali. The learned Magistrate after following the procedure as provided under Sec.207 Cr.P.C. came to the conclusion that the offence alleged against the petitioner was triable exclusively by the Court of Sessions and committed the accused to take his trial in the Court of Sessions, Guntur as provided under Sec.209 Cr.P.C. by the order dated 19-12-88. Pursuant, thereon, the case was taken on file as SC.No.441/88 in the Court of Sessions, Guntur Division, CC No.147/87 was transferred to the Court of the Principal Asst. Sessions Judge, Tenali, to be tried along with SC.441/88. The learned Judge framed charges under Secs. 376 rcadwith 511 and Sec.307 IPC.
(3.)Both the Addl. Public Prosecutor and the defence Counsel filed a joint memo to record evidence in SC. 441/88 and to treat the same as evidence in CC.147/87 and to dispose of both the cases by a common judgment and accordingly, evidence was recorded in SC.441/88.
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