STATE OF ANDHRA PRADESH Vs. GHATTAMANENI MARUTI PRASAD

JUDGEMENT

(1.) For the murder of a Gram Sarpanch the Sessions Court which tried the case convicted 6 persons for various offences including criminal conspiracy to commit the said murder. But a Division Bench of the Andhra Pradesh High Court, on appeal filed by the convicted persons, acquitted most of them and even regarding the two who were found guilty the High Court has chosen to convict them only of the offence under Section 326 of the Indian Penal Code. They were sentenced to undergo RI for 7 years. Hence they have appealed before us by special leave. The son of the deceased filed a separate appeal by special leave challenging the judgment of the High Court in so far as it is favourable to the accused. The State of Andhra Pradesh has also filed an appeal for restoring the conviction and sentence passed by the trial Court. We heard all the appeals together.

(2.) The incident happened on the night of 18-1-1993, on a public road. Prosecution case is that the deceased Sitaram Anjanalelu, the Gram Sarpanch, was proceeding to the house of his daughter Sujatha (who is married to A.K. Rao). The time was around 11.00 p.m. when the deceased reached almost near that house. Then 5 accused (all except A-4 Shashiah) jumped out from ambush, and waylaid the deceased. After surrounding him the accused showered him with blows by using axe, knife and similar lethal weapons. The victim died at the spot after sustaining extensive injuries.

(3.) The background for the said occurrence, as pictured by the prosecution, is that the deceased was a Congress leader and 4th accused Shashiah belonged to C.P.I. and as between them there were enough causes for rivalry including an election which was held to the Board of Directors of a Co-operative Society in which a panel set up by the deceased had trounced the candidate set up by the 4th accused. The newly elected Board of Directors initiated proceedings against the 4th accused (who held the office of President of the same society earlier) for misappropriation of the funds of the society. Thereupon 4th accused entered into a conspiracy with other accused for liquidating the deceased Sitaram Anjanalelu. Accused 1, 2 and 3 are the sons of 4th accused and accused Lal Bahadur is his nephew.