Manda Ravi vs The State Of Andhra Pradesh
2024 Latest Caselaw 10437 AP

Andhra Pradesh High Court - Amravati

Manda Ravi vs The State Of Andhra Pradesh on 19 November, 2024

Author: K Suresh Reddy

Bench: K Suresh Reddy

                    (ADVANCE COMMON ORDER)
       IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

            TUESDAY .THE NINETEENTH DAY OF NOVEMBER
                   TWO THOUSAND AND TWENTY FOUR

                                  PRESENT

           THE HONOURABLE SRI JUSTICE K SURESH REDDY
                                    AND

        THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

     CRIMINAL APPEAL Nos. 795 OF 2015. 87 OF 2016.923 OF 2016.
                       163 OF 2017 AND 509 OF 2024

CRIMINAL APPEAL NO: 795 OF 2015


      Appeal under Section 374(2) of Cr.P.C, aggrieved by the judgment in
SC.No.461 of 2012, dated 31.07.2015, on the file of the Special Sessions
Judge-cum-IV Addl. District & Sessions Judge, Guntur.
Between:



   Parimi Nagaraju, S/o. Arjuna Rao, Abed about 28 years, R/o. Mustabad
   village, Gannavaram Mandal, Krishna District.

                                                         ...Appellant/Accused
                                   AND



  The State of A.P., Rep., by its Pubilc Prosecutor, High Court at Amaravathi

                                                   ...Respondent/Complainant

Counsel for the Appellant: Dr Challa Srinivasa Reddy Counsel for the Respondent: Public Prosecutor % CRIMINAL APPEAL NO: 87 OF 2016

Appeal under Section 374(2) of Cr.P.C, aggrieved by the judgment dated 31-7-2015 in SC.No. 461 of 2012 on the file of the court of the Special Sessions Judge -cum- IV Additional District Judge, Guntur. Between:

Uyyuru Ali, S/o. Pedda Ranga Rao, Aged about 25 years, Mustabad, Gannavaram Mandal, Krishna District, presently confined in Central Prison, Rajahmundry.

...Appellant/Accused No.3 AND

The State of AP., rep. by its Public Prosecutor, High Court at Amaravathi

...Respondent/Respondent

Counsel for the Appellant: Dr Challa Srinivasa Reddy Counsel for the Respondent: Public Prosecutor

CRIMINAL APPEAL NO: 923 OF 201 fi

Appeal under Section 374(2) of Cr.P.C, against the Judgment and sentence passed in SC.No.461 of 2012, dated 31.07.2015 on the file of the Special Sessions Judge cum-IV Addl. District & Sessions Judge, Guntur. Between:

Ranimekala Venkanna, S/o.Venkateswara Rao, Aged about 27 years Sagara, Musthabad Village, Gannavaram Mandal Krishna District.

...Appellant/Accused No.05 AND n-.

1. The State of AP., Rep by the Public Prosecutor, High Court of Andhra Pradesh.

2. Pinhiboyina Prasad @ Rangababu, S/o.Koteswara Rao, R/o.

Madalavarigudem, Gannavaram Mandal, Krishna District

3. Manda Ravi, S/o. Semon, R/o. Uppuluru village, Kankipadu Mandal, Krishna District.

4. Uyyuru Ali, S/o.Peda Rangarao, R/o. Musthabad village, Gannavaram Mandal, Krishna District.

5. Parmi Nagaraju, S/o.Arjuna Rao, R/o. Musthabad village, Gannavaram Mandal, Krishana District.

Counsel for the Appellant: Dr Challa Srinivasa Reddy

Counsel for the Respondents: Public Prosecutor

CRIMINAL APPEAL No.163 of 2017

Appeal under Section 374(2) of Cr.P.C, praying that the High Court may be pleased to call for records and set aside the judgement and order passed S.C.No.461/2012 on the court of Special Sessions Judge-cum-IV Additional District Judge, Guntur, dated 31-07-2015. Between:

Pinniboyina Prasad @ Ranga Babu, S/o Koteswara Rao, aged 26 years, R/o Madalavarigudem, Gannavaram Mandal, Krishna District.

...Appellant AND The State of AP., rep. by its Public Prosecutor, High Court at

Amaravathi Through Sub Inspector of Police, Mangalagiri Rural Police Station, Guntur District.

...Respondent

Counsel for the Appellant : Sri Srinivasa Rao Narra

Counsel for the Respondent : Public Prosecutor

CRIMINAL APPEAL No.509 of 2024

Appeal under Section 415(2) of BNSS (under Section 374(2) of Cr.P.C), against the judgment and sentence dated 08-04-2024 in S.C.No.280 of 2015 passed by the Court of the Special Court for Trail of cases Under SC & ST (P&O) Act-Cum-IV Additional District and Sessions Judge, Guntur, Andhra Pradesh.

Between:

Manda Ravi, S/o. Seemon, Age 30 years, Occ: Agriculture, R/o. Uppuluru Village, Kankipadu Mandal, Krishna District, Andhra Pradesh

...Appellant/Accused-2

AND

The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court at Amaravathi.

...Respondent/Complainant

Counsel for the Appellant : Dr Challa Srinivasa Reddy Counsel for the Respondent : Public Prosecutor

The Court made the following: t '

APHC010682832015

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3486] (Special Original Jurisdiction) TUESDAY ,THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY

THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

CRIMINAL APPEAL NO: 795/2015

Between;

1.PARIMI NAGARAJU, S/0. ARJUNA RAO, ABED ABOUT 28 YEARS, R/0. MUSTABAD VILLAGE, GANNAVARAM MANDAL, KRISHNA DISTRICT.

...APELLANT AND

1.THE STATE OF A P, Rep., by its Public Prosecutor, High Court at Hyderabad ...RESPODENT

AND

CRIMINAL APPEAL NO: 87/2016 Between:

1.UYYURU ALI, KRISHNA DT., S/0. PEDDA RANGA RAO, MUSTABAD, GANNAVARAM MANDAL, KRISHNA DISTRICT, PRESENTLY CONFINED IN CENTRAL PRISON, RAJAHMUNDRY.

...APELLANT AND

1.THE STATE OF AP REP PP, rep. by its Public Prosecutor, High Court at Hyderabad.

...RESPODENT

AND 2 c Hr

CRIMINAL APPEAL NO: 923/2016 Between:

1.RANIMEKALA VENKANNA, KRISHNA DT.

S/0. VEN KATES WARA RAO, SAGARA, MUSTHABAD VILLAGE, GANNAVARAM MANDAL, KRISHNA DISTRICT.

...APELLANT AND

1.THE STATE OF AP REP PP AND 4 OTRS, REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH.

2.PINNIBOYINA PRASAD RANGABABU, S/O.KOTESWARA RAO, R/0. MADALAVARIGUDEM, GANNAVARAM MANDAL, KRISHNA DISTRICT

3.MANDA RAVI, S/0. SEMON, R/0. UPPULURU VILLAGE, KANKIPADU MANDAL, KRISHNA DISTRICT.

4.UYYURU ALI, S/O.PEDA RANGARAO R/0. MUSTHABAD

VILLAGE, GANNAVARAM MANDAL, KRISHNA DISTRICT.

...RESPODENTS

AND

CRIMINAL APPEAL NO: 163/2017 Between:

1.PINNIBOYINA PRASAD @ RANGA BABU, KRISHNA DT.„ S/0 KOTESWARA RAO, AGED 26 YEARS, R/0 MADALAVARIGUDEM, GANNAVARAM MANDAL, KRISHNA DSITRICT.

...APELLANT AND

1.THE STATE OF AP REP PP, rep. by its Public Prosecutor, High Court at Hyderabad Through Sub Inspector of Police, Mangalagiri Rural Police Station, Guntur District.

...RESPODENT

AND

CRIMINAL APPEAL NO: 509/2024 Between;

1.MANDA RAVI, S/0. SEEMON AGE-30 YEARS. OCC. AGRICULTURE, R/0. UPPULURU VILLAGE, KANKIPADU MNADAL, KRISHNA DISTRICT, ANDHRA PRADESH ...APELLANT AND

1.THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High Court at Amaravathi.

...RESPODENT

Counsel for the Appellant:

1. Dr CHALLA SRINIVASA REDDY

Counsel for the Respondent:

1 .PUBLIC PROSECUTOR (AP)

The Court made the following:

ADVANCE COMMON ORDER : (Per Hon'ble Sri Justice K.Sreenivasa Reddy)

In the result. Criminal Appeal Nos.795 of 2015, 87 of 2016 and

923 of 2016 filed by the Appellants/Accused Nos.4, 3 and 5

respectively are allowed setting aside the conviction and sentence

imposed by the learned Special Sessions Judge-cum-IV Additional

District Judge, Guntur in S.C.No.461 of 2012 on 31-07-2015 and they

are found not guilty for the offence under Sections.364-A IPC read with

34 and 506 read with 34 IPC and accordingly they are acquitted.

Further, Appellants/Accused Nos.4, 3 and 5 are set at liberty, if they

are not required in any other cases or crimes.

2. So far as Criminal Appeal Nos.163 of 2017 and 509 of 2024

filed by the Appellants/Accused Nos.1 and 2 are concerned, they are

partly allowed while setting aside the conviction and sentence imposed

by the trial court for the offence under Section.364-A and 506 read with

34 IPC, instead they are found guilty for the offence punishable under

Section 363 IPC and sentenced each of them to undergo imprisonment

for a period of seven (7) years. Since the Appellants/Accused Nos.1

and 2 have already been undergone nearly nine (9) years of

imprisonment, they are set at liberty forthwith if they are not required in

any other cases or crimes.

Consequently, miscellaneous petitions, if any, pending shall

stand closed.

                 (Detailed Common Judgment follows      )
                                                            SOI- E KAMESWARA RAO
                                                                 JOINT. REGISTRAR
\                                       //TRUE COPY//

                                                                 SECTION OFFICER
    To

1. The Special Sessions Judge-cum-IV Additional District Judge, Guntur, Guntur District.

2. The Special Court for Trail of cases Under SC & ST (P&O) Act-Cum-IV Additional District and Sessions Judge, Guntur, Guntur District.

3. The Additional Civil Judge (Junior Division), Mangalagiri, Guntur District.

4. The Additional Judicial Magistrate of First Class, Mangalagiri, Guntur District

5. The Superintendent, Central Prison, Rajahmundry, East Godavari District (By Speed Post)

6. The Sub Inspector of Police, Mangalagiri Rural Police Station, Guntur District.

7. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi [OUT]

9. One CC to Sri Srinivasa Rao Narra, Advocate [OPUC]

10. One CC to Dr Challa Srinivasa Reddy, Advocate [OPUC]

11. The Section Officer, Criminal Section, High Court of Andhra Pradesh at Amaravathi.

12. Three CD Copies StuJK sree e

HIGH COURT

DATED; 19/11/2024 Note: After the dispatch of the order, send the entire bundle to Court Masters Section for drafting detailed order.

COMMON ADVANCE ORDER

CRLA.Nos.795 of 2015, 87 of 2016, 923 of 2016 163 of 2017 and 509 of 2024 '

Q 1 9 NOV § ^ . Current Section

ALLOWING THE CRIMINAL APPEALS