MADUSUDHANA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Original Accused Nos. 1 to 4, 10 and 12 are the appellants. They along with six others were tried for offences punishable under Sections 147, 148 and 302/149, I.P.C. The trial Court acquitted them of all the charges. The State preferred an appeal and a Division Bench of the High Court while confirming the acquittal of Accused Nos. 5 to 9 and 11, convicted the appellants reversing their acquittal, under Ss. 302/149, I.P.C. and sentenced each of them to undergo imprisonment for life. They are also convicted under Ss. 147 and 148, I.P.C. but no separate sentences are awarded. Hence, Accused Nos. 1 to 4 and 10 have filed Criminal Appeal No. 673/82 and Accused No. 12 has filed Criminal Appeal No. 674/82 under Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act.

(2.) The prosecution case is as follows.

(3.) 16th February, 1980 happened to be a Solar Eclipse day. On the next day the deceased performed the Kalyanam in the local temple and arranged an Annadanam to the villagers on the night of 17-2-1980 and fed about 200 people. After the Annadanam was over, he was returning home at about 11 p.m. accompanied by P.W. 2, his son-in-law and P.Ws. 3 to 6. P.W. 1, the son of the deceased was going along with his mother behind the deceased and they were walking slowly. When the deceased and P.Ws. 2 to 6 were about 10 yards away from their house walking in the street, all the accused emerged from behind the house of A-1 and attacked the deceased with axes, knives and sticks. A-1 gave an axe blow to the deceased on his neck. A-2 gave an axe blow to the deceased on his head. A-3 gave an axe blow on the face of the deceased. A-5 gave an axe blow on his thighs. A-4 cut the deceased with a knife on his buttocks. A-7 beat the deceased with a knife on his knee. A-10 stabbed the deceased on the fingers. A-8 poked the deceased with a stick on the back. A-6 and A-12 beat the deceased with sticks on the back. A-9 and A-11 were standing there with sticks, instigating the other accused to beat the deceased. The deceased died on the spot. P.W. 1 also heard the cry. He ran towards the scene and found A-1 to A-12 coming opposite him. P.Ws. 2 to 6 informed him as to how the attack was made by those 12 accused. The Police Patel of the Village was residing in Village Jekkapalli and he arrived at the scene and P.W. 1 got the report Ex.P. 1 written by the Police Patel. In the early hours of 18-2-1980 P.W. 1 took the report and handed over the same in the Police Station. P.W. 11, S.I. registered the crime and reached the scene of occurrence at about 10.30 a.m. on 18-2-80. He held the inquest over the dead body, recorded the statements of the witnesses and arrested the accused and recovered some weapons. The dead body was sent for post-mortem. One Dr. Subba Rao conducted the postmortem and issued the certificate Ex.P. 24. But as he was involved in an accident and was undergoing treatment he could not be examined and the prosecution examined P.W. 10, another doctor to identify the handwriting of Dr. Subba Rao in the post-mortem certificate. Ex. P. 24. The prosecution relied mainly on the evidence of P.Ws. 2 to 6, the eye-witnesses. When examined under Section 313, Cr. P.C. the accused denied the offence and stated in a general way that they were falsely implicated. All the eye-witnesses deposed that after Annadanam was over, the deceased accompanied by P.Ws. 2 to 6 was returning and that P.Ws. 4 and 6 were carrying patromax lights and other utensils and in the patromax light they could identify the assailants and the parts played by them. P.Ws. 3 to 6 belong to Harijanwada, a suburb of Zilleda and they were sympathisers of the deceased. They also ate their food in the last batch and after the function was over, they stated that they accompanied the deceased carrying the patromax lights, utensils and other articles and on the way the 12 accused attack. This is the gist of the evidence of these witnesses.