CRLA/978/2017 of TALLAPALA PENCHALAIAH, NELLORE DT., Vs THE STATE OF AP.,REP PP.,

1 KSR, J & TCDS, J Crl.A.No.978 of 2017 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE SPECIAL DIVISION BENCH PRESENT HON’BLE SRI JUSTICE K SURESH REDDY And HON’BLE SRI JUSTICE T.C.D.SEKHAR CRIMINAL APPEAL NO: 978 of 2017 JUDGMENT (Per Hon’ble Sri Justice K. Suresh Reddy) Accused No.1 in Sessions Case No.78 of 2016 on the file of the Court of the learned IV Additional District and Sessions Judge, Nellore is the appellant in the present Criminal Appeal. He along with A2 were tried by the learned Additional Sessions Judge under two (2) charges. First Charge was under Section 302 r/w 34 IPC against A1 and A2 and second charge was under Section 379 r/w 34 IPC against A1 and A2. 2 KSR, J & TCDS, J Crl.A.No.978 of 2017 2. The substance of the charge is that on 01.8.2014, at about 9.45 p.m., at Malapatamma Thumulu, Rayapeta Cross Roads, Allurpeta village, in furtherance of their common intention, both the accused caused the death of one Nellore Vinod Kumar (herein after referred to as „the deceased‟), Co-worker, by beating with a rod and strangulating him with a shirt and committed theft of cash, thereby committed the offenc