In a criminal appeal CPC-374 against a conviction for culpable homicide not amounting to murder by kicks, the High Court upheld the conviction of kick causing death due to property dispute.
Criminal Appeal partly allowed; sentence reduced to period undergone.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT FOR THE STATEOF TELANGANA AT HYDERABAD
THURSDAY, THE TWENTIETH DAY OF JULY TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICEK.SURENDER
CRIMINAL APPEAL No:1738 of 2009
Criminal Appeal Under Section 374(2) ol Cr.P.C. againstthe Judgment dated 13-1 1-2009 in S.C.No.243 of 2006 on thefile of the Court of the Vl Additional Sessions Judge (Fast Track Court) Nizamabadat Kamareddy.
Between:
Kudula Srinivas, S/o Yellaiah, aged 29years, Occ:Agriculture,Rl/o Ghanpur-M, Machareddy Mandal, NizamabadDistrict.
...Appellant (Accused)
AND
The State of Andhra Pradesh., through S.H.O.,kamareddy, Nizamabad District' rep. by its Public Prosecutor, High Court,Hyderabad.
...Respondent (Complainant)
CRLAMP. NO: 2802 OF 2009
Petition under Section 389(1) of Cr.P.C.praying that in the circumstances stated in the affidavit filed in support ofthe petition,the HighCourt may be pleased to enlarge the petitioner herein on bail by suspend the sentence imposed in SC.No.243 of 2006, dt.13-1 1-2009 on thefile of the Vl Addl. Sessions Judge,(Fast Track Court)Nizamabadat Kamareddy, pending disposal of the Crl.A.,
Counsel for the Appellant: SRI SRINIVASAMURTHY CHEEDELLA
Counsel forthe Respondent: PUBLIC PROSECUTOR
The Court delivered the following: JUDGMENT
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ftne notouRABLE sRr JusrIcE K.SuREND,ER
CRIMINAL APPEAL No. 1738 0F 2009
JUDGMENT:
2
disputes for property, the altercation tookplace.Even according to the evidence of P.W.4,there was one kick by the appellant resulting in the deceased fallingdown and later he was declared dead in the hospital.
clo sed.
Sd/.K.SRINIVASA RAO JOINT REGISTR //TRUE COPY// SECTIO OFFICER
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HIGH COURT
KS,J
DATED:2010712023
JUDGMENT
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GRLA.No.1738 of 2009
THE CRIMINAL APPEAL IS PARTLY ALLOWED S#
1 issue framed by the court
Whether the sentence of imprisonment imposed on the appellant for causing death be reduced to the period already undergone.
Kudula Srinivas
The State of Andhra Pradesh
K. Surendra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
