NELABOTHU SUNDARARAMAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Thirty three accused persons faced trial on charges under different sections of the Indian Penal Code including Sections 302, 201 read with Section 149, IPC and Sections 147, 148, 286 and 307. Of them five have filed this appeal against the judgment of conviction under Section 302 read with Section 149, IPC and sentence of life imprisonment along with other lesser offences. The judgment of the Sessions Judge has been confirmed by the High Court in appeal in so far as the appellants are concerned. Of the seven accused persons who filed the appeal before the High Court, two were acquitted. Therefore, in this appeal we are concerned with the five appellants i.e. accused No. 4-Nelabothu Sundararamaiah, accused No. 12-Arekatla Raghavaiah, accused No. 13-Arekatla Sankaraiah, accused No. 25-Thota Rama Rao and accused No. 28-Bolla Venkakte-swarlu.

(2.) On getting the information about the incident from PW-1 the Sub-Inspector of Police PW-29 registered the FIR as Crime No. 65/85 and on getting the information PW-30 Circle Inspector of Police, Nekarikal Police Station reached the place of occurrence and took up the investigation. On 15-7-1985 at about 9 p.m. he received information from SHO Bommarajupalli Police Station that two unidentified bodies were found lying in Jammuvagu near Ipur village. On reaching Ipur village along with PWs-4, 5 and 23 and the SI of Police Nekarikal the two bodies were identified by PWs-4, 5 and 23. Thereafter arrangements were made for conducting post-mortem examination of the deceased by doctors PWs-24 and 25 who also examined the injured persons and submitted their reports. After completion of the investigation charge-sheet was laid against the thirty three accused persons.

(3.) The prosecution examined thirty witnesses in all of whom PWs-1 to 8 and PW-23 were the occurrence witnesses. Out of the occurrence witnesses PWs 1, 7 and 8 were from Goguiapadu vilage while PWs-2 to 6 and 23 were residents of Adigoppula village.