APHC010423462018 (ADVANCE ORDER) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE K SURESH REDDY AND HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CRIMINAL APPEAL No.1705 of 2018 Appeal under Section 374(2) of Cr.P.C, against the Judgment/Order in S.C.No.192 of 2017 dated 14-05-2018 on the file of III Additional District and Sessions Judge, Nellore, Nellore District. Between: Potiuri Sreenivasulu @ Seenaiah, S/o.Subbaraidu, Near SC Colony, PK Padu Village, Ananthasagaram Mandal, SPSR Nellore District, Native of Diguvvaahobilam Village, Allagadda Mandal, Kurnool District. (Convict No.5810, Central Prison, Nellore, Nellore District) ...Appellant/Convict/Accused AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court, at Amaravati. ...Respondent/Complainant : Sri SIvaprasad Reddy Venati (Legal Aid) Counsel for the Appellant Counsel for the Respondent : Public Prosecutor The Court made the following: 3 HONOURABLE SRI JUSTICE K SURESH REDDY AND HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CRIMINAL APPEAL No.1705 of 2018 ADVANCE ORDER: {per Hon’ble Sri Justice Subba Reddy Satti) i In the result, the Criminal Appeal is partly allowed. The conviction and sentence imposed against the appellant under Section 302 I.P.C., by the III Additional District & Sessions Judge, Nellore, in Sessions Case No.192 of 2017, dated 14.05.2018, are hereby set aside. Instead, the appellant is convicted under Section 304-11 I.P.C. As the accused has been in jail since 20.02.2017 till today, the sentence of imprisonment already undergone by him would meet the ends of justice. Accordingly, we sentence the accused/appellant to the period already undergone by him. The fine amount and default sentence imposed by thp learned Sessions Judge remained unaltered. (Detailed judgment follows i 1 !! ) Sd/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// \ sectionWficer To 1. The III Additional District and Sessions Judge, Nellore, Nellore District. 2. The Judicial Magistrate of First Class, Atmakur, Nellore District. 3. The Superintendent, Central Prison, Nellore, Nellore District, (by speed post) 4. The Station House Officer, Atmakur Police Station, Nellore District. 5. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi[OUT] 6. One CC to Sri Sivaprasad Reddy Venati (Legal Aid), Advocate [OPUC] 7. The Section Officer, Criminal Section, High Court of Andhra Pradesh. 8. Two CD Copies tkm sree HIGH COURT DATED:05/11/2025 Note: After dispatch of Order, bundle may be sent to the P.S. chambers of HSRS.J immediately. the Advance ADVANCE ORDER CRLA No.1705 of 2018 ^ 0 6 NOV 2025 J rrentSectioQ^^ Oi ALLOWING THE CRIMINAL APPEAL IN PART