VARJRAPU SAMBAYYA NAIDU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) In this appeal by special leave, the appellants have impugned the judgment and order of the High Court of Judicature, Andhra Pradesh at Hyderabad dated 28th September, 2001 in Criminal Appeal No. 650 of 1995. They have challenged their convictions under Sections 304 Part I, 324 and 148, I. P. C. The appellants herein were accused Nos. 2, 3, 5, 6, 7, 8, 9, 10 and 12 before the trial Court. All of them have been sentenced to undergo one year rigorous imprisonment under Section 148, I. P. C. A-2, A-3, and A-7 have been sentenced by the High Court to undergo three years rigorous imprisonment under Section 304, Part-I, I. P. C. A-7 and A-10 have been sentenced to undergo one year rigorous imprisonment under Section 324, I. P. C. All of them have also been sentenced to pay fines under different counts and to undergo imprisonment in default. As many as 21 persons were put up for trial before the III Additional District and Sessions Judge, Visakhapatnam in Sessions Case No. 25 of 1993. Pending the trial, accused No. 13 died and therefore the trial as against him abated. Accused A-11 and A-14 to A-21 were acquitted of the charges levelled against them. Thus, 11 persons were convicted by the trial Court, who preferred an appeal before the High Court which was dismissed subject to modification of sentence under Section 304, Part-I, I. P. C. which was reduced by the High Court from seven years rigorous imprisonment to three years rigorous imprisonment. A-1 and A-4 though convicted by the High Court have not preferred appeals to this Court and only the remaining nine accused have preferred this appeal.

(2.) The case of the prosecution is that at about 11.30 a.m. on 23rd July, 1992 an incident took place in village Ponnavolu in which deceased Lanka Gangaraju lost his life and P. Ws. 1 to 6 were injured. The accused numbering 21 had formed themselves into an unlawful assembly and assaulted the deceased and other members of the prosecution party, namely, PWs. 1 to 6. It is not in dispute that the deceased had purchased 2.50 Acres of land from one Satyalingam, the brother of Suribabu, Adjacent to the lands purchased by the deceased, Suribabu owned 2.50 acres of land which he had sold to A-13. The case of the prosecution is that even the lands sold to A-13 were in the cultivating possession of the deceased as a lessee despite the sale of the land in favour of A-13. There was pending litigation between the parties relating to the purchase of the land by A-13. The deceased had raised chilli crop in one portion of that land while other crops had been raised in the remaining portion of the land in dispute. The case of the prosecution is that at about 11.00 a.m. on 23rd July, 1992 the deceased along with his son-in-law, PW-1, his grandson, PW-2, and his daughter, PW-3 was carrying out the weeding operations on the portion of the land where chilli crop had been raised. PWs. 5 and 6 had also come to collect grass. Soon thereafter, the accused numbering about 20 came there with a ram and packets of arrack. They kept the ram in the shed of A-13 which was at a distance of about 100 yards away from their field. The accused thereafter came to the hut of the deceased near the land on which chilli crop had been grown. They were drunk and also armed with knives and sticks. A-1 and A-4 (not appellants herein) questioned the deceased alleging that they had purchased the land from A-13 and they would take possession of the land by use of force. A-1 and A-4, who were armed with knives, caused injuries to the deceased on his head as a result of which he fell down. Thereafter, A-2, A-3, A-7 and A-12 assaulted the deceased on his hands, legs and other parts of the body with sticks. PW-1 attempted to run away from the place of occurrence but A-1 chased him and assaulted him with a knife on his hands as a result of which he fell down. Thereafter, A-2, A-4, A-7 and A-12 assaulted him with sticks. When PW-3, wife of PW-1 attempted to save her husband, A-2, A-3, A-7 and A-12 beat her with sticks while A-5 kicked her on her abdomen. A-1 to A-4, A-6 and A-8 assaulted PW-4 with sticks. In the incident, PWs. 1 to 6 received injuries.

(3.) At about 2.00 p.m. the injured were taken to the Kothakota Police Station from where they were taken to the Government hospital for treatment. PW-14, the Head Constable, who was then Incharge of the Police Station, recorded the statements of PW-1 in the hospital and on the basis of report registered Crime No. 20 of 1992 under Sections 147, 148, 302, 307, 326 and 324 r/w. Section 149, I. P. C.