PAGOTI SREERAMULU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) A gruesome rioting took place on 18/08/1979 at about 6 a. m. in Narasinguballi Village of Srikakulam District. One Panga Sreeramuly, deceased 1 was killed in a cruel manner on the main street of the village and his younger brother Panga Bairagi, deceased 2, was chased, killed and beheaded and the head was thrown away somewhere and the trunk was found in a canal. In respect of this occurrence, 15 accused persons were tried for offences punishable under S. 147, 148, 302, 302/149, 341 and 201 Indian Penal Code. The learned trial Judge convicted A-1 and A-2 under Section 302 Indian Penal Code simpliciter and sentenced each of them to undergo imprisonment for life and acquitted them of all other charges. The remaining 13 accused were acquitted. The convicted accused preferred an appeal challenging their sentence and the State also filed an appeal challenging the acquittal of the 13 remaining accused in the High court. The High court dismissed the appeal filed by the State but altered the conviction of A-1 and A-2 to one under S. 302/149 and maintained the sentence of imprisonment for life. Hence the present appeal.

(2.) The prosecution case is as follows: All the accused, two deceased persons and the material witnesses belong to the same village. The accused are all interrelated. Deceased 1 Panga Sreeramuly was the brother of deceased 2 Panga Bairagi. Public Witness 2 is the widow of deceased 1 and among the witnesses PWs 3 and 6 are brothers. Public Witness 1 is their sister and Public Witness 5 is the son of Public Witness 1. The house of the accused was situated on the opposite side of the house of the deceased.

(3.) Public Witness 6, Bavajee was appointed as Village Munsif of Narasinguballi Village in 1976 and after he took charge, he got the properties of A-1, A-6 and A-10 attached for realisation of arrears of land revenue. Since then the accused bore grudge against him. About five months prior to the date of occurrence, the brother of A-1 was murdered. In that case the two deceased in the present case, Public Witness 6 and some others figured as accused. They were released on bail and since then the accused were threatening to kill the two deceased persons and Public Witness 6. Public Witness 6, being afraid of being killed, left the village and was staying in his father-in-law's house in a different village. On the date of occurrence at about 6 a. m. deceased 1 was proceeding in the main street towards the eastern side of the village to attend to agricultural operations. At that time, deceased 2 was at a nearby well. Public Witness 1 was proceeding behind deceased 1 to call women coolies. Public Witness 3 having gone to answer the call of nature was under the banyan tree about 126 feet away from the place of occurrence. PWs 2 and 4 were sitting on the pial near' the cattle shed of Public Witness 6 which was only 70 feet away. Public Witness 5 was standing in front of the house and Public Witness 7 and another were on their way to the village. When deceased 1 was proceeding in front of the house of A-4, A-1, A-2, A-3, A-5 and A-10 came out from the house of Gondu Venkati. A-1 was armed with a knife, A-2 was armed with a battle axe, A-3 was armed with a kattuva and A-5 and A-10 were armed with spears. A-1 cut deceased 1 on the neck with the knife. A-2 axed him with the battle axe. While deceased 1 was falling down, A-10 pierced him with the spear on his head. Then the other accused dealt blows with the sticks in their hands. They all surrounded and indiscriminately wounded him. Deceased 1 died instantaneously. After killing deceased 1, the accused ran towards East saying that they would also kill hisbrother Panga Bairagi, deceased 2. On seeing the accused, deceased 2 started running but was chased and they put a rope around the neck of deceased 2 and dragged him to the field. Thereafter nobody has seen as to how deceased 2 was killed and only the trunk was found in the canal. Seeing the accused dragging deceased 2, Public Witness 1 immediately proceeded to Narasannapet Police Station and gave a report Ex. P-1 to the Head Constable Public Witness 15 at about 9.30 a. m. The case was registered and the FIR was issued. The Circle Inspector, Public Witness 18 on receipt of the FIR left Narasannapet and reached Narasinguballi Village by 1 1. 00 a. m. He held the inquest over the dead body of deceased 1 and examined PWs 1 to 5. The dead body was sent for post-mortem. He received an express FIR relating to the missing person Panga Bairagi, deceased 2. He got the information on 19/08/1979 that the headless body of deceased 2 was seen floating in the canal. The Circle Inspector held the inquest and that dead body was also sent for post-mortem. The accused were arrested and after completion of the investigation, the charge-sheet was filed. The prosecution mainly relied on the evidence of the eyewitnesses PWs 1, 2, 4, 5 and 7. PWs 3 and 8 were also examined mainly to speak about the chasing of deceased 2. The accused denied the offence. The trial court was not prepared to rely on the evidence of PWs 3 and 8 but relying on the evidence of PWs 1, 2, 4, 5 and 7 convicted only A-1 and A-2. The trial court acquitted other accused on the ground that the allegation against them was omnibus and vague and that the prosecution has not established beyond all reasonable doubt that they were also members of the unlawful assembly. The trial Judge also pointed out that in Ex. P-1, only A-1's name was mentioned and the other names were not mentioned. The learned trial Judge took into consideration the specific overt acts attributed to A-1, A-2 and A-10 by the eyewitnesses. A-10 was acquitted on the ground that there were some variations and discrepancies in the evidence of the eyewitnesses regarding the part played by him. The trial court, however, convicted A-1 and A-2 since specific overt acts were attributed to both of them. Regarding the attack on deceased 2, the trial court held that the prosecution has not established as to who were the assailants on the ground that no witnesses were examined to speak about the attack on deceased 2.