MANNAM VENKATADARI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) These appeals, by special leave, by the five appellants who are accused Nos. 1 to 5, are directed against the common judgment and order dated April 26, 1968 of the Andhra Pradesh High Court in, Criminal Appeals Nos. 833 and 1031 of 1966.

(2.) The appellants took their trial before the learned Additional sessions Judge, Nellore for the following offences:

(3.) The prosecution case was as follows:One Mannam Siddaiah had seven sons of whom P. W. 3 is one. The first and the third accused are brothers and their other two brothers were Peraiah and Sheshaiah. Similarly, the second and the fifth accused are brothers and the fourth accused is the son-in-law as also the sister's son of the first accused. The mother of the first and the third accused and the mother of the second and fifth accused are sisters. The father of the first accused Venkataiah and Peda Guravaiah, father of Siddaiah were brothers. There was bitter enmity between the family of Siddaiah and mat of the first accused. On the morning of June 27, 1966 .Peraiah, the brother of first and third accused was killed and the six sons of Siddaiah were alleged to be responsible for his murder. At about 3 p.m. the same day, the appellants in order to retaliate for the murder of Peraiah formed themselves into an unlawful assembly along with ten other persons and went to the house of Siddaiah to kill him. The first accused was armed with a Bandinatu Karra; the second accused with an axe; the third accused with a rokali; the fourth accused with a medithoka; and the fifth accused with a nagalikarru. On seeing Siddaiah in his house the second accused pulled him out and hit him on his head with the axe. Siddaiah fell down whereupon all the accused hit him with the weapons which they had and caused him multiple injuries, as a result of which Siddaiah died on the spot. P. W. 3, one of the sons of Siddaiah who was with his father at that time, tried to intervene but was beaten by the fourth accused. The witnesses to the occurrence are stated to be the daughter, widow, son and daughter-in-law of the deceased Siddaiah being P. Ws. 1. 2. 3 and 4 respectively. The daughter of Siddaiah, P. W. 1 gave the report about the occurrence Ex. P. 1 on the same day at about 5 P. M. to the village Munsif, who contacted the police, as a result of which investigation commenced. P. W. 3, who had received an injury was examined by the doctor P. W. 5, who found the following injury on the body of P. W. 3: