JANYAVULA RAMBABU Vs. STATE
LAWS(APH)-1992-4-30
HIGH COURT OF ANDHRA PRADESH
Decided on April 01,1992

JANYAVULA RAMBABU Appellant
VERSUS
STATE REPRESENTED BY INSPECTOR OF POLICE JANGAREDDIGUDEM P S., WEST GODAVARI DISTRICT Respondents


Cited Judgements :-

THALLAPALLI RAJAIAH ALIAS POGULA RAJAIAH VS. STATE OF A P [LAWS(APH)-1999-8-23] [REFERRED TO]


JUDGEMENT

- (1.)The accused in S C No. 162/91 on the file of the Additional Sessions Judge at Eluru has filed this application to quash all the proceedings in SC 162/91.
(2.)The circumstances giving rise to the filing of this criminal Petition in brief are as follows.
(3.)The petitioner along with seven others were committed to Sessions to take trial for offences punishable under Sections 120-B, 148, 302 read with Section 34 IPC and Section 302 read with 149 IPC. That case was registered as S C 74/88 on the file of Additional Sessions Judge Eluru. The petitioner was the first accused in that case. As he could not be apprehended for a considerable time the case against him was split up and registered as S C 162/91. Thereafter the trial in S C 74/88 proceeded and an order of acquittal was recorded under Section 232 Cr P C stating that there is no evidence that the accused committed the offence. After the disposal of that SC 74/88 the petitioner who was A-1 in the Sessions Case was apprehended and he has to face the trial in S C 162/91. It is under these circumstances the petitioner has filed this petition to quash the proceedings on the ground that none of the material witnesses in that case have spoken about the complicity of any of the accused in the commission of the offence and that therefore no useful purpose will be served by proceeding with trial in SC 162/91, The accused is charged for offences punishable under Sections 120-B, 148, 302 read with Section 34 IPC. The Conspiracy is alleged to have taken place at Vasantha Mahal Lodge between 1-4-87 and 15-4-87. The witnesses that were examined to speak about the conspiracy have totally denied the knowledge of the alleged conspiracy. The deceased in this case is said to have been attacked on the evening of 15-4-87 at the outskirts of Kothapplli village by stopping the bus in which he was travelling. All the witnesses to the incident including the defacto complainant have turned hostile. They have totally denied knowledge of the incident. Even the witnesses for the alleged recoveries have not supported the prosecution and they stated that they signed the mahazars at the instance of the police.
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