BALA SEETHARAMALAH Vs. PERIKE S RAO

JUDGEMENT

(1.) The Sessions Court of Krishna Division at Machilipatnam at Andhra Pradesh tried six accused persons alleging that they caused the death of Vemulapalli Buddah Vara Prasad alias Buddah Prasad. The deceased-Buddah Prasad was the owner of banana garden. The prosecution allegation was that these accused trespassed into his property and took away some bamboo poles used for supporting the plants. Some criminal cases were also filed against these accused alleging that they have committed theft of bamboo poles. According to prosecution the accused nurtured grudge against the deceased and on 3-11-1990, they attacked deceased-Buddah Prasad and caused his death. P.W. 1 and P.W. 2 had seen the accused committing the offence. They went and informed the matter to the Ex. Sarpanch (P.W. 3) who prepared report, then P.W. 1 and P.W. 2 went to the police station and gave that report to the Sub-Inspector of Police (P.W.9). After investigation, police filed charge-sheet alleging that accused had formed themselves into an unlawful assembly and caused the death of Buddah Prasad.

(2.) The Sessions Court framed charges against the accused on three counts. The first charge was under S. 148, I.P.C. alleging that they formed themselves into an unlawful assembly with a common object, they caused death of Buddha Prasad and thereby committed the offence punishable under S.148, I.P.C. The second charge was under S. 302, I.P.C. simpliciter against each of the accused. The third charge was framed against A-1 and A-2 for the offence punishable under S. 324, I.P.C. for having caused injury to Bala Seetharamaiah.

(3.) The Sessions Court found A-1 to A-6 guilty of offence punishable under S. 148, I.P.C. and each of them was sentenced to undergo rigorous imprisonment for a period of one year. A-1 to A-6 were also sentenced to imprisonment for life for the offence punishable under S. 302, I.P.C., A-1 and A-2 were also punished under S. 324, I.P.C. and each of them to suffer rigorous imprisonment for one year.