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Showing contexts for: penal code section 396 in Gundu Bhanu Prakash Bhanu Gajini vs State Of Ap on 10 May, 2024Matching Fragments
(Per Hon'ble Sri Justice U. Durga Prasad Rao) The Referred Trials 2, 3 & 4/2021 wherein judgments are pronounced today, present chilling facts of diabolical and grotesque manner of killing the trailer drivers and cleaners by the ruthless gang of dacoits while they were transporting iron load on the highway between Ongole-Nellore Districts in Andhra Pradesh.
In S.C.No.595/2010, learned VIII Additional District & Sessions Judge, Ongole in his judgment dated 18.05.2021 convicted A1 to A15 for different offences and sentenced them with different punishments as narrated in the following table. Since among them, A1 to A10 are awarded death punishment for the offences under Section 396 IPC under two counts, learned Judge submitted the entire case proceedings along with his judgment to this High Court under Section 366 Cr.P.C. for confirmation of death sentence and the Registry has registered the said referred proceedings as a Referred Trial No.4/2021 and listed before us. That apart, challenging the conviction and sentence, the accused have also preferred different Criminal Appeals as mentioned in the table below and those criminal appeals are also listed before us.
TABLE
Accus Name of Accused / Charges Framed Convicted and punished for the offences Referred Criminal
ed No. Resident of by the Trial Court Trial Appeal filed
(RT No. ) by accused
(1) (2) (3) (4) (5) (6)
A1 Mohammad Abdul i.396 r/w 120B of i. Imprisonment for life for the offence
Sammad @ Munna IPC; U/s 396 r/w 120B IPC
Ongole
ii.396 IPC; ii.DEATH Punishment for the offence U/s
396 IPC UNDER TWO COUNTS
iii.400 IPC;
RT- Crl.A.No.161/
iv.201 IPC iii. Imprisonment for life for the offence
U/s 400 IPC
iv.RI for 7 years and fine of Rs.5,000/-
IDSI 3 months for the offence U/s 201
IPC
A2 Shaik Riyaz, i.396 r/w 120B of i.Imprisonment for life for the offence U/s
Ongole IPC; 396 r/w 120B IPC
ii.396 IPC; ii.DEATH Punishment for the offence U/s
396 IPC UNDER TWO COUNTS
iii.400 IPC;
Crl.A.No.198/
iii. Imprisonment for life for the offence -do-
iv.201 IPC U/s 400 IPC
iv.RI for 7 years and fine of Rs.5,000/-
IDSI 3 months for the offence U/s 201
IPC
A3 Syed Hidayatulla @ i.396 r/w 120B of i.Imprisonment for life for the offence U/s
Babu IPC; 396 r/w 120B IPC
Donakonda Crl.A.No.258/
-do-
ii.396 IPC; ii.DEATH Punishment for the offence U/s 21
396 IPC UNDER TWO COUNTS
Accus Name of Accused / Charges Framed Convicted and punished for the offences Referred Criminal
ed No. Resident of by the Trial Court Trial Appeal filed
(RT No. ) by accused
(1) (2) (3) (4) (5) (6)
iii.400 IPC; iii. Imprisonment for life for the offence
U/s 400 IPC
iv.201 IPC
iv.RI for 7 years and fine of Rs.5,000/-
IDSI 3 months for the offence U/s 201
IPC
A4 Mohammad i.396 r/w 120B of i.Imprisonment for life for the offence U/s
Jamaluddin @ Jamal IPC; 396 r/w 120B IPC
Bengalore
ii.396 IPC; ii.DEATH Punishment for the offence U/s
396 IPC UNDER TWO COUNTS
iii.400 IPC; Crl.A.No.160/
-do-
iv.414 IPC; U/s 400 IPC
iv. RI for 3 years for the offence U/s 414
IPC
A5 Bathala Salmon i.396 r/w 120B of i.Imprisonment for life for the offence U/s
Inamanamellur Village IPC; 396 r/w 120B IPC
ii.396 IPC; ii.DEATH Punishment for the offence U/s
396 IPC UNDER TWO COUNTS
iii.400 IPC;
Crl.A.No.170/
iii. Imprisonment for life for the offence -do-
iv.201 IPC U/s 400 IPC
iv.RI for 7 years and fine of Rs.5,000/-
IDSI 3 months for the offence U/s 201
IPC
A6 Yepuri Chinna i.396 r/w 120B of i.Imprisonment for life for the offence U/s
Veeraswamy IPC; 396 r/w 120B IPC
Reddypalem Village
ii.396 IPC; ii.DEATH Punishment for the offence U/s
396 IPC UNDER TWO COUNTS
iii.400 IPC;
Crl.A.No.160/
iii. Imprisonment for life for the offence -do-
iv.201 IPC U/s 400 IPC
iv.RI for 7 years and fine of Rs.5,000/-
IDSI 3 months for the offence U/s 201
IPC
A7 Yepuri Pedda i.396 r/w 120B of i.Imprisonment for life for the offence U/s
Veeraswamy IPC; 396 r/w 120B IPC
Reddypalem Village Crl.A.No.160/
-do-
ii.396 IPC; ii.DEATH Punishment for the offence U/s 21
396 IPC UNDER TWO COUNTS
Accus Name of Accused / Charges Framed Convicted and punished for the offences Referred Criminal
ed No. Resident of by the Trial Court Trial Appeal filed
(RT No. ) by accused
(1) (2) (3) (4) (5) (6)
iii.400 IPC; iii. Imprisonment for life for the offence
U/s 400 IPC
iv.201 IPC
iv.RI for 7 years and fine of Rs.5,000/-
IDSI 3 months for the offence U/s 201
IPC
A8 Gundu Bhanu Prakash i.396 r/w 120B of i.Imprisonment for life for the offence U/s
@ Bhanu @ Gajani IPC; 396 r/w 120B IPC
Kothasayampet
ii.396 IPC; ii.DEATH Punishment for the offence U/s
396 IPC UNDER TWO COUNTS
iii.400 IPC;
Crl.A.No.167/
iii. Imprisonment for life for the offence -do-
iv.201 IPC U/s 400 IPC
iv.RI for 7 years and fine of Rs.5,000/-
IDSI 3 months for the offence U/s 201
IPC
A9 Rachamalla Sampath, i.396 r/w 120B of i.Imprisonment for life for the offence U/s
Kothasayampet IPC; 396 r/w 120B IPC
ii.396 IPC; ii.DEATH Punishment for the offence U/s
396 IPC UNDER TWO COUNTS
iii.400 IPC;
Crl.A.No.251/
iii. Imprisonment for life for the offence -do-
iv.201 IPC U/s 400 IPC
iv.RI for 7 years and fine of Rs.5,000/-
IDSI 3 months for the offence U/s 201
IPC
A10 Gundeboina Sridhar, i.396 r/w 120B of i.Imprisonment for life for the offence U/s
Kothasayampet IPC; 396 r/w 120B IPC
ii.396 IPC; ii.DEATH Punishment for the offence U/s
396 IPC UNDER TWO COUNTS
iii.400 IPC;
Crl.A.No.165/
iii. Imprisonment for life for the offence -do-
iv.201 IPC U/s 400 IPC
iv.RI for 7 years and fine of Rs.5,000/-
IDSI 3 months for the offence U/s 201
IPC
A11 Shaik Hafeez, i.396 r/w 120B of i.Imprisonment for life for the offence U/s
Ongole IPC; 396 r/w 120B IPC
Crl.A.No.161/
-do-
ii.400 IPC; ii. Imprisonment for life for the offence
U/s 400 IPC
Accus Name of Accused / Charges Framed Convicted and punished for the offences Referred Criminal
ed No. Resident of by the Trial Court Trial Appeal filed
(RT No. ) by accused
(1) (2) (3) (4) (5) (6)
A12 Arla Gangadhara Rao i.396 r/w 120B of i.Imprisonment for life for the offence U/s
@ Gangadhar, IPC; 396 r/w 120B IPC
Ongole Crl.A.No.353/
-do-
ii.400 IPC; ii.Imprisonment for life for the offence 21
U/s 400 IPC
A13 Shaik Kamal Saheb @ i.396 r/w 120B of i.Imprisonment for life for the offence U/s
Kamal @ IPC; 396 r/w 120B IPC
Kamaluddin, Crl.A.No.212/
-do-
Ongole ii.400 IPC; ii.Imprisonment for life for the offence 21
U/s 400 IPC
A14 Shaik Rahamathulla, i.396 r/w 120B of i.Imprisonment for life for the offence U/s
Ongole IPC; 396 r/w 120B IPC
ii.400 IPC; ii.Imprisonment for life for the offence
Crl.A.No.198/
U/s 400 IPC -do-
iii. 412 IPC;
iii. Found not guilty for the charge U/s
412 IPC
A15 Shaik Dada Peer @ i.396 r/w 120B of i.Imprisonment for life for the offence U/s
Gani, IPC; 396 r/w 120B IPC Crl.A.No.160/
-do-
ii.400 IPC; ii.Imprisonment for life for the offence
U/s 400 IPC
A16 Halim Seth Case against A16 - - -
Bengalore and A17 split up
and numbered as
PRC 8/2014 and
pending before
AJFCM, Ongole
A17 Shaukat Case against A16 - - -
Bengalore and A17 split up
and numbered as
PRC 8/2014 and
pending before
AJFCM, Ongole
II. PROSECUTION CASE:
(ii) Whether the prosecution is able to prove the guilt of A.1 to A.10 for the offence under section 396 of I.P.C. and whether the offence U/sec. 396 of I.P.C. was committed by A.1 to A.10 in pursuance of conspiracy between A.1 to A.15?
(iii) Whether A.1 to A.10 committed any act to screen the evidence of the commission of offence U/s.396 of I.P.C. which is punishable offence under section 201 of I.P.C.?
IX. POINT NO.II:
Offences committed by accused attracting different Sections of IPC:
Having confirmed that A1 to A4 and A6 to A13 were involved in the crime of dacoity with murder of the two drivers, it has now to be seen which Sections of Law will attract their offences.
(a) A1 to A4 and A6 to A10 are found guilty for the offence of dacoity with murder punishable U/s 396 IPC;