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2025 DAILYLAW 50462 (AP)

Shaik saleem basha@Shafi v. The State of Andhra Pradesh

CRLA/273/2018 · 2025-11-03

K Suresh Reddy, Subba Reddy Satti

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

(ADVANCE COMMON ORDER) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE K SURESH REDDY AND HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CRIMINAL APPEAL NOS: 272, 273. 274, 314, 469, 496 OF 2018, 597 OF 2023.622 OF 2018. 847 OF 2018 AND 1946 OF 2018 CRIMINAL APPEAL NO: 272 OF 2018 APHC010064012018 Appeal under Section 374(2) of Cr.P.C against the Judgment dated 24-01-2018 passed in S.C.No.109 of 2015 on the file of the Court of the I Additional Sessions Judge, Ananthapuramu, Ananthapuramu District. Between: Shaik Abdul Vahid @ Vahid, S/o. Shaik Jeelani, Aged 31 years, R/o. Yemmiganuru Village, Kurnool District Now At K.H.M.Street, Proddatur Town, Kadapa District. ...Appellant/A5 AND The State of Andhra Pradesh rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...Respondent/Respondent Counsel for the Appellant: Sri D Kodandarami Reddy Counsel for the Respondent: Public Prosecutor (AP) CRIMINAL APPEAL NO: 273 OF 2018 APHC010064202018 Appeal under Section 374(2) of Cr.P.C against the Judgment dated 24-01-2018 passed in S.C.No.109 of 2015 on the file of the Court of the I Additional Sessions Judge, Ananthapuramu, Ananthapuramu District. Between: Shaik Saleem Basha @ Shafi, S/o. Shaik Masthan Vali, aged 31 years, D.No. 11-81,Near Osamania College, Kurnool, Kurnool District ...Appellant/A2 AND The State of Andhra Pradesh rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...Respondent/Respondent Counsel for the Appellant: Sri MD Sharfuddin Counsel for the Respondent: Public Prosecutor CRIMINAL APPEAL NO: 274 OF 2018 APHC010064092018 Appeal under Section 374(2) of Cr.P.C against the Judgment dated 24-01-2018 passed in S.C.No.109 of 2015 on the file of the Court of the I Additional Sessions Judge, Ananthapuramu, Ananthapuramu District. Between: Chelimi Kesava, S/o. Lakshminarayana, aged 31 years, R/o. Rangapuram Village, Narpala Mandal, Ananthapuramu District ...Appellant/A9 AND The State of Andhra Pradesh rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...Respondent/Respondent Counsel for the Appellant: Sri MD Sharfuddin Counsel for the Respondent Public Prosecutor CRIMINAL APPEAL NO: 314 OF 2018 APHC010070772018 SMS Appeal under Section 374(2) of Cr.P.C against the Judgment dated 24-01-2018 passed in S.C.No.109 of 2015 on the file of the Court of the I Additional Sessions Judge, Ananthapuramu, Ananthapuramu District. Between: Chellimi Venkatanarayana, S/o. Chelimi Kullai Reddy, aged 33 years R/o. Narsapuram Village, Narpala Mandal, Ananthapuramu District ...Appellant/AIO AND The State of Andhra Pradesh rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...Respondent/Respondent Counsel for the Appellant: Sri MD Sharfuddin Counsel for the Respondent Public Prosecutor CRIMINAL APPEAL NO: 469 OF 2018 APHC010096452018 Appeal under Section 374(2) of Cr.P.C against the Judgment dated 24-01-2018 passed in S.C.No.109 of 2015 on the file of the Court of the I Additional Sessions Judge, Ananthapuramu, Ananthapuramu District. Between: Maddineni Bayanna, S/o. Narayanappa, Aged about 28 years, R/o Madugupalli Village, Putiuru Mandal, Anantapuramu District ...Appellant/All AND The State of Andhra Pradesh rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...Respondent/Respondent Counsel for the Petitioner: Sri O Manoher Reddy Counsel for the Respondent: Public Prosecutor CRIMINAL APPEAL NO: 496 OF 2018 APHC010106212018 Appeal under Section 374(2) of Cr.P.C against the Judgment dated 24-01-2018 passed in S.C.No.109 of 2015 on the file of the Court of the I Additional Sessions Judge, Ananthapuramu, Ananthapuramu District. Between: Kasineni Gopal, aged 28 years, S/o. Lakshmi Narayana Rangapuram Village, Narpala Mandal, Anthapuramu District R/o. ...Appellant/A8 AND 1. The State of Anhdra Pradesh, Rep., by Public Prosecutor, High Court of Andhra Pradesh at Amaravati ...Respondent/Complainant 2. Mandia Venkata Sunil Kumar @ Sunil (A1), S/o. Venkata Ramana, N/o. Kothapeta, Produtur Town, Kadapa Dist. Now R/o. D.No. 2-4-252, Chodamma Street, Pulivendula Town, YSR Kadapa Dist 3. Shaik Saleem Basha @ Shafi (A2), S/o. Shaik Mastan Vali, Aged 28 years, D.No. 11-81, Near Usamnia College, Kurnool Town 4. Sanivarapu Sekhar Reddy @ Sekhar Reddy (A3), S/o. late Sai Reddy, Guntur Town, Now residing at Hayalbasti Rajeev Gruhakalpa, Block-2, Near Renuka Yellamma Temple, Chilakalaguda, Secunderabad. 5. Nalibhapineni Bharath (A4), S/o. Rajagoal, aged 28 years, Sirigaripalli Village, Mudigubba Mandal, Ananthapuramu Dist 6. Shaik Abdul Vahid @ Vahid (A5), S/o. Shaik Jilani, aged 28 years, Yemmiganuru Village, Kurnool Dist. Now at K.H.M. Street, Proddutur Town. 7. Golla Harsha Teja Hareesh @ Boostu (A6), S/o. Golla Sreeramulu, aged 20 years, Ramatlapalli Village Lingala Mandal, Kadapa Dist. Now residing at D. No. 13-2-596, Near Peddamma Temple, Sreenivasa Nagar Ananthapuramu Town. 8. Vadde Vakateswarlu, S/o. late Venkata Swami, (A7), Aged 28 Years Near Vegetable Market, Old Bus stand, Kurnool Town. 9. Chelimi Kesava (A9), S/o. Lakshmi Narayana, aged 24 years Rangapuram Village, Narpala Mandal, Anathapuramu Dist. 10. Chelimi Venkatanarayana, (A10), S/o. Kullai Reddy, aged 30 years Narasapuram Village, Narpala Mandal, Anathapuramu Dist. II.Maddineni Bayanna (All), S/o. Narayanappa, aged 28 years Madugupalli Village, Putiuru Mandal, Anathapuramu Dist. 12.Surabhi Eshwaraiah @ Eshwar (A12), S/o. Venkata Narasimhulu, aged 21 years, Mutharasireddyvaripally, Chekrayapeta Mandal, Kadapa Dist. 13.Kothakota Venkata Lakshmi (A13), W/o. Late Hari Krishna, aged 36 years, D. No. 4-5-252, Bramhanapalli Road, Pulivendula Town, Kadapa Dist. ...Respondent Nos. 2 to 13/Accused Nos.1 to 7 and 9 to 13 (not necessary parties) Counsel for the Appellant: Sri D Kodandarami Reddy Counsel for the Respondents: Public Prosecutor (AP) CRIMINAL APPEAL NO: 597 OF 2023 APHC010403622023 Appeal under Section 374(2) of Cr.P.C against the Judgment dated 24-01-2018 passed in S.C.No.109 of 2015 on the file of the Court of the I Additional Sessions Judge, Ananthapuramu, Ananthapuramu District. Between: Sanivarapu Sekhar Reddy @ Sekhar Reddy, S/o. late Sai Reddy, aged 32 years, Guntur Town, now resident of Hayalbasti, Rajeev Gruha Kalpa, Block-2, Near Renuka Yellamma Temple, Chilakalagda, Secunderabad ...Appellant/A3 AND The State of Andhra Pradesh rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...Respondent/Respondent Counsel for the Appellant: Sri Venkata Siva Nagaraj Bonkuri Counsel for the Respondent: Public Prosecutor CRIMINAL APPEAL NO: 622 OF 2018 APHC010134602018 Appeal under Section 374(2) of Cr.P.C against the Judgment dated 24-01-2018 passed in S.C.No.109 of 2015 oh the file of the Court of the I Additional Sessions Judge, Ananthapuramu, Ananthapuramu District. Between: Vadde Venkateswarlu, S/o. Late Venkata Swami, aged 31 years, R/o. Near Vegetable Market, Old Bus Stand, Kurnool Town and District. ...Appellant/A7 AND The State of Andhra Pradesh rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...Respondent/Respondent Counsel for the Appellant: Sri MD Sharfuddin Counsel for the Respondent: Public Prosecutor CRIMINAL APPEAL NO: 847 OF 2018 APHC010166812018 3 Appeal under Section 374(2) of Cr.P.C against the Judgment dated 24-01-2018 passed in S.C.No.109 of 2015 on the file of the Court of the I Additional Sessions Judge, Ananthapuramu, Ananthapuramu District. Between: Nallabapineni Bharath, S/o. Rajagopal, aged 28 years, R/o.Sirigaripalli Village, Mudigubba Mandal, Ananthapuramu District. ...Appellant/A4 AND The State of Andhra Pradesh rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...Respondent/Respondent Counsel for the Appellant: Sri D Kodandarami Reddy Counsel for the Respondent: Public Prosecufor CRIMINAL APPEAL NO: 1946 OF 2018 APHC010211482018 Appeal under Section 374(2) of Cr.P.C against the Judgment dated 24-01-2018 passed in S.C.No.109 of 2015 on the file of the Court of the I Additional Sessions Judge, Ananthapuramu, Ananthapuramu District. Between: Golla Harsha Teja, S/o. Golla Sreeramulu, aged 20 years R/o.Ramatilapalli Village, Lingala Mandal, Kadapa District. ...Appellant/A6 AND The State of Andhra Pradesh rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...Respondent/Respondent Counsel for the Petitioner: Sri D Kodandarami Reddy Counsel for the Respondent: Public Prosecutor The Court made the following order: HON’BLE SRI JUSTICE K.SURESH REDDY AND HON’BLE SRI JUSTICE SUBBAREDDY SATTI CRIMINAL APPEAL NOs.272 of 2018. 273 of 2018, 274 of 2018, 314 of 2018, 469 of 2018. 496 of 2018. 597 of 2023. 622 of 2018, 847 of 2018 and 1946 of 2018 ADVANCE COMMON ORDER: (per Hon’ble Sri Justice K. Suresh Reddy) In the result, Criminal Appeal Nos.272, 314, 469, 496, 622 and 1946 of 2018, are hereby allowed- by setting aside the i convictions and sentences recorded against the appellants/accuse d Nos.AS, A10, All, A8, A7 and A6, by the learned I additional Sessions Ju(;lge, Ananthapuram, in Sessions Case No.109 of 2015, dated 24.01.2018, for the offences under Sections 386, 148, 324, 120-B, 326, 506, 411 I.P.C. and Section 25 (IB) of the Arms Act. Accordingly they are acquitted of all the charges. Fine amount, if paid shall be refunded to them. Consequently, appellants/accused Nos.A5, A10, A11, A8, A7 and A6 shall be set at liberty forthwith, if they are not required in any other case or crime. Criminal Appeal Nos.273 of 2018, 274 of 2018, 597 of 2023 and 847 of 2018 are allowed in part. The convictions and sentences recorded against the appellants/accused Nos.2, 3, 4 and 9, for the any. a *U 2 offences punishable under Sections 364-A, 386, 120-B, 148, 324, 326, 506 I.P.C. and Section 25 (IB) of the Arms Act, are hereby by set aside. Instead, Accused Nos.2, 3, 4 and 9 are convicted under Section 364 I.P.C and are sentenced to undergo Rigorous Imprisonment for ten years while maintaining the fine amount of Rs. 1,000/- each, in default to suffer Simple Imprisonment for three months, each. The period already undergone by accused Nos.2, 3, 4 and 9 shall be given set off as per Section 428 Cr.P,C. (Detailed judgment follows ) Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The 1 Additional Sessions Judge, Ananthapuramu, Ananthapuramu District, (with records if any) 2. The', Judicial First Class Magistrate, Ananthapuramu, Ananthapuramu District, (with records if any) 3. The Additional Ananthapuramu District, (with records if any) 4. The Station House Officer, Itukalapalli Police Station, Ananthapuramu District. Judicial First Class Magistrate, Ananthapuramu, Superintendent, Central Jail Kadapa. YSR Kadapa District, (by speed post) 6. One CC to Sri D Kodandarami Reddy Advocate [OPUC] 7. One CC to Sri MD Sharfuddin Advocate [OPUC] 8. One CC to Sri O Manoher Reddy Advocate [OPUC] 9. One CC to Sri Venkata Siva Nagaraj Bonkuri Advocate [OPUC] 10. Two CC's to The Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] The Section Officer, Criminal Section, High Court of Andhra Pradesh at Amaravati. 12. Two CD Copies 5. The 11. SAM VNA SAM/BSl' HIGH COURT Note:After dispatch of this order bundle may be sent to PS Chambers of Hon'ble KSR,J immediately. DATED;04/11/2025 ADVANCE COMMON ORDER CRLA Nos. 272, 273, 274, 314, 469, 496 of 2018, 597 of 2023,622 of 2018, 847 of 2018 and 1946 of 2018 1I ★\Cu(TCnt 6ectiony/^^ T C 0 5 NOV 2025 ALLOWING THE CRLA Nos. 272, 314, 469, 496, 622 and 1946 of 2018 PARTLY ALLOWING THE CRLA Nos. of 2018 and 597 of 2023 273, 274, 847