Andhra Pradesh High Court - Amravati
Bathula Soloman vs The State Of Ap on 5 May, 2022
Bench: Ahsanuddin Amanullah, Gannamaneni Ramakrishna Prasad
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATH!
THURSDAY, THE FIFTH DAY OF MAY, TWC THOUSAND AND TWENTY TWO
"PRESENT:
THE HONOQURABLE SRE SOS STiCE AHSANUDDIN AMANULLAN
THE HONOURABLE SRE JUST ce G. RAMARRISHNA PRASAD
REFERRED TRIAL. No. 2 of 2024
st
ve No. t47, 148, TS?, 163, 164, 168, 169, 193, 232, 249, 281 and 395 of
$27}, RTNo.3 of 2024 (CHAS. No ABS, 199, 162, 166, 184, 194, 214, 252,
360 and 3544 of 2021) ane R.TLNo. dof 2021 (CriAs.No. 160, 161, 165, 167,
VO, 148, 212, 2347, 258 and 353 of 2027}
[Or reference through the letter vide Dis.No.329/2024, dated 25.05.2021 onf
the Judge, Family "Court-curn-Vil Addl. District and Sessions Ruige, Ongole,
Prakasam District, AJP., in S.C.No. 73 of 2010 (PLAC Ne, 40/2009 on the Fle of
Additional Judicial Magistrate of First Class, Kandukur}) cannected to Crime NQ.
730 of 2008 of Singarayvakonda PS.)
*
Judge, Family Court-cum-Vil Additional ONstrict and Sessions Judge, Ongale,
Prakasam District.
Referring Officer.
The State of Andhra Brace i es rep, by its Public Prasecutor,
High Court of Andhra Pradesh, Amaravat!, thraugh inspector of Police, Qngole Town
Ratio. ..Commainant,
AND
i.Mohammad Abdul Sammad ® Munna, S/o, Abdul Karim, Ager! 40 years,
Muslim, Native of islarnpeta, 1° Line, Ongale. (4-1).
2.5haik Riyaz, S/o. Rahamthulla, A Aged 25 years, Mustim, islampet,
2 Line, Onge le {4-2}
J.Syed Hidayatulla @ Babu, S/o. Abdul Hafeez, Aged 27 years, Muslim
VV. Purarn, Donakonda, Prakasam District. (4-33
4,Jamal of Bangalore, {A-4)
&.Rathala Salmon, $/a, Ankara, Aged 34 years, mae
Ryo. fnamanamellur Vileos, Maddipadu Mandal. (4-53
6 Yepuri Cainna Yeeraswarty, 3/0. Pedda Chennaiah, Aged 39 years, Mala by
caste, Native of Reddypaiam Villages, Nujendia Mandal, Guntur District,
Now residing at Inamanamellur Village, Maddipadu Manda ae ~6}
7. Yepun Pedda Veeraswamy, S/o. Pedda Chennaiah, Aged 47 years,
Mala by caste, Native of Reddynalem Village, Nk Sendia mandal
Guntur District, Now residing af Patha Malapalll, Karamchedu Vilage and
Mandal, Prakasam [Nstrict. (& "F}
8.Gundu Bhanu Prakash & Bhanu @ } Gajant, Sia. Rama Narayana,
Aged 25 years, Caste by Pacrnasall, Kotha asayampet, Hunter Road
Hanumakonda Mandal, Warangal [Nstrict. ba "8}
3, Rachamalla Sampath, $/o. Late Ramanaiah, Aged 21 years,
Munnoor Kapu by Caste, Koathasayampet, Hunter Road,
Hanumekorida Mandal, Warangal District. (4-9)
1Q.Gundeboina Sridhar, S/a. Late ligiah, Aged 2? years, Yadava,
Kothsayamipet, Hunter Road, Hanumakonda Mandal, War angal trict. (A- 10}
1i.$haik Hafeez, 5/0. Ghouse Mohiddin, Aged 32 y SPs, Saniay Gandhi Nagar
Near Jayaram Talkies, Ongale (4-173
72.Shaik Dada Peer @ Gant, 5/o. Mahaboob Saheb, Aged 25 years, Muslin,
Modern Catony, Hindupur, Anantapur (Nstrict, ¢A-15}
ye
Tare
pn ACCUSES,
Cantidad. 2a.
Whereas the Accused above named chrengh Reference Froceedings for
confirmation of the death sentence awarded agaist the Accused Nos. 7 to 74
nd ° my the Court of Judge, Sarnily Courtcu avVil Additional (Netriet- and
Sessions Judge, Ongale, | Prakasam viet, APL, in S.CLNo. FS of ZOO (PRE
Na. 40! 2009 of Additional Judicial } * Firat Class, Qngale} connected
ta Crime No. 750 of 2008 of Sing S
- «Sta ation,
i perusing the grounds jn Criminal
Appeal Nas. 147, 448, t 168, 193.2 232, 249, 281 and 355 of
™ in
nade
POM ny
7
peeve
Soe
xe
vende.
2021}, RLT.No, 3 af on As Na, : , 182, 166, 184, 194, 214, 2R2,
200 and 354 of 2021} and R.T.No, 4 of g 24 (CriAs. No. 160, 167, 165, 16,
T7O, 198, 272, 251, 258 and 3S: i filed Aherein and upon hearing the
arguments of the Addi, Public Prosecutor for the Campisinant,
The Court made the following ORDER:
(Per Hon'ble Mr. Justice Absanuddin Amanuiah}
_ OMS. Naga a Mutha, learned senior counsel Amicus curiae in the present
baich of cases has assisted the Court.
'
The exercise as per
complied with, learned Amc
the Court, powever , Se took a a
Court in all the three cases, my red
§ ° cer a' the Court having been
ated the options aysiisble to
nd that the Judgment of the trial
SPSS
3. At Unis juncture, when the Court < cates pen | te learned counsel
reoresenting the accused, who are appell the cases filed by therm,
learned "ve acates an rscord rene ng the cused 5 LEN aitted that learned
3
senior counsel would be assisting ths nd they were In some persanal
difficulty. 'today and prayer was made to post the matter on O8.05,2032
ilamarraw} with further prayer that the pracesdings may be conducted in
hybrid mode.
ths
4 Learned Anveus curiae HAS submitted ta the Court varinu
compilations and the gist of his arguments, which are taken on record,
"
a
fanth Reedy, learned Additianal Public Prosecutor, for
&, Mr. S. Dushy
fled compilations and the same are also taken on record.
the State, has also
& As learned Anvcus curls he as completed the exercise and has also
assisted the Court an the points and issues, his presence in the preceedings js
spensed with, for the oresent.
?. Por having rendered his asasistance to the Court, the Court recards its
ratitude and appreciation and only for taking care of the expenses Incurred by
'he earned Amicus curiae and his assisting counsel, the Court directs the State
to rer an amaunt of Re.2,00,000/- (Rupees two lakhs} in the account, as may
ie indicated by learned Amcus curige.
ot @
8. Learned Additicnal Public Prosecutor shall ensure campliance of the
Canta, 3a.
»~
hated
The matter be listed famorrow (06.05.2022) at 2.75 pan. afier
cbtaining marmission af Hon'ble the Chief Justice and the oroaceedings be
conducted through hybrid mode. it shatt be open to the learned Amicus curiae
te join the proceedings.
"'Sal- KR. SRINIVASA RADU
ASSISTANT REGIST TRAR
oe TROP CORY ff SECTION DEFICER
fur SGT EMP EE TRUSS PRS oes
°
1. Judes, Family "Court-cum-Vil Addi. INstrict and Sessions Judge, Ongnle,
Prakasam District
2. The Additional Juclicial Magistrate of First Class, Kandukur
3. The Registrar (ludicial}, Hies Court of ALP, af Amaravall.
4.The Inspector of Police, Ongole Town Circle, Prakasa District.
§,Mohammad Abdul Sammad @ Munna, $/a, Abdul Karim, Aged 40 years,
Muslim, Native of islampeta, 1° Line, Gngale. (A-1}.
6 Shatk Riyaz, S/o. Reahamthulla, Aged 25 years, Muslim, islampet,
2° Ling, Ongole (A-2}
7. syed Hidayatut (lg @ Babu, S/o. Abdul Hafeez, Aged 2? years, Muslim
VV. Puram, Danakonda, Prakagam D jstrict. {A-3}
8, Bathala Salmon, S/o. Ankamma, Aged 34 years, Maia,
Rio. Inamanamellur Village, Madelinadu Mandal. (A- 3)
9. Yepuri Chinna Yeeraswamy, S/o. Padda Chennaiah, Aged 35 years, Mala by
caste, Native of Reddypalem Village, Nujendia Mandal, Guntur District,
Now residing at Inamanamellur Village, Madeipadu Mandall/A-6}
10. Yepurl Pedda Veeraswamy, S/a. Pedda Chennaiah, Aged 47 years,
Mala by caste, Native of Reddypalem Village, Nujendia Mandal,
Guntur District, Now residing at Patha Malapalli, Karamechecu Village and
Mandal, Prakasarn District. iA? 7}
11.Gundu Bhanu Prakash & Bhanu & Gaiani, S/n. Rama Narayana,
Aged 25 years, Caste by Fadmasall, Rothasayamoet, Hunter Raa,
Hanumekoncda Mandal, Warangal (istrict. (4-3)
127. Rachamatia Sampath, S/o. Late Ramanaish, Aged 27] years,
AMunnoor Kapu by Caste, Kathasayarnpet, Hunter Road,
Hanumakonda Mandal, Warangal District. (A- a
13.Gundeboina Sridhar, S/a. Late flaiah, Aged 27 years, Yadava,
Kothsayampet, Hunter Road, | Hanumakeonda ns nda . Warangal District (4-10)
{4 Shaik Hafeez, S/o, Ghouse Moniticin, Aged 32 years, Sanjay Gandhi Negar,
Near Jayaram Talkies, Ongo'e {A
Th. Shaik Dada Peer @ Gani, S/o. Maha boot Saheb, Aged 25 years, Muskim,
Modern Colony, indupur, Anantapur District. (4-15)
(Addressee Nos. 5 to 16 BY RPAD/Speed Post)
16, Two CCs to the Assistant Public Presecutar([email protected]
Migh Court, A.P.(OQUT)
17.0ne CC to Sri Nags Muthu, Advacate(OPuc)
78. Two spare copies.
20M},
HIGH COURT
&&.3 & GRP.S
DATED: 05-05-2022
ORDER
REFERRED TRIAL .No. 2 of 2024
&
rl As. No. 147, 148, T2¥, 165, 164, 748, 196, 193, 232, 249, 281 and 355 of
£0213, RT.No. 3 of 2027 Cr As. No. 188, 199, 192, 168, 184, 194, 2794, 252,
260 and Jo4 of 2021} and RT No. 4 of 2027 (Cri As. No. 160, 747, 165, 167,
VFO, 198, 212, 257, 258 and 393 of 2OR4
SS
"%
PREC TION
