STATE OF ANDHRA PRADESH Vs. KOWTHALAM CHINNA NARASIMHULU

JUDGEMENT

(1.) Seven accused persons wre charged under Sections 148 and 302 read with Section 149 of the Indian Penal Code. Two of them, accused No. 2 Mahanandi and accused No. 3 - Eranna were acquitted by the Trial Court and the rest i.e. accused No. 1 - Kowthalam Chinna Narasimhulu @ Donga Ramudu, accused No. 4 - Dadapeer, accused No. 5 - Mohidin Peeran, accused No. 6 - Khaja Hussain and accused No. 7 - Chand Basha were found guilty of the offences charged and were sentenced to undergo rigorous imprisonment for two years for the offence punishable under Section 148, I.P.C. and to suffer life imprisonment for the offence punishable under Section 302, I.P.C. The Trial Court further held that both the sentences were to run concurrently.

(2.) Being aggrieved by the judgment of the trial Court, both, the convicted accused and the State of Andhra Pradesh filed appeals before the High Court. The High Court by the Judgment dated 3-9-1990 allowed the appeal filed by the convicted accused and dismissed the appeal filed by the State. Therefore, the State of Andhra Pradesh has filed these appeals against all the seven accused persons.

(3.) The prosecution case, as unfolded by the eye-witnesses PWs. 1 to 4, runs as follows: Accused Nos. 1 to 3 are brothers, accused 4 to 7 are their followers. Narayanappa, the deceased was a resident of Kallukunta. His son Nageswara Rao (PW-1) contested for Sarpanchship of Kallukunta village for which accused No. 1 had also filed nomination paper. The deceased had tried to persuade Accused No. 1 to withdraw from the contest but his attempts did not succeed. PW-1 won the election and became Sarpanch. There were some skirmishes on the date of filing of nomination in which Accused No. 1 and Accused No. 2 had sustained injuries. At their instance a case was registered against the deceased and two others and the same was pending.