CRLA/606/2016 of Chitikina Surya Chandra Rao Vs State of Andhra Pradesh,

APHC010538062016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3528] (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY THE HONOURABLE SMT JUSTICE V.SUJATHA CRIMINAL APPEAL NO: 606/2016 Between: Chitikina Surya Chandra Rao ...APPELLANT AND State of Andhra Pradesh & others ...RESPONDENT(S) Counsel for the Appellant: 1. CHANDRA SEKHAR ILAPAKURTI Counsel for the Respondent(S): 1. YALLABANDI RAMATIRTHA 2. PUBLIC PROSECUTOR (AP) The Court made the following: JUDGMENT: (Per Hon’ble Sri Justice K.Suresh Reddy) Questioning the judgment of acquittal passed by the learned II Additional District & Sessions Judge, West Godavari at Eluru in S.C.No.135 of 2015 dated 29.04.2016, the de facto complainant (PW.1) filed the present appeal. 2 A.1 to A.5 were tried by the learned Additional Sessions Judge under Section 302 r/w 34 IPC. 2. Substance of the charge is that on 01.01.2011 at about 02.00 P.M., A.1 to A.5, in furtherance of common intention, beat one Chitikina Satyanarayana (hereinafter referred to as ‘the deceased’) in his fields situated at Madhavaram Village, Tadepalligudem Mandal, pulled him to