RAVULAPPALI KONDAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Appellants were tried and acquitted by the Additional Sessions Judge, Nellore, of offences under Sections 302/149, 148 and 324, Penal Code for causing the death of Vengaiah and injuries to P. Ws. 2 and 3. On appeal by the State, the High Court reversed the acquittal and convicted all the six accused under Section 302 read with Sec. 149 and sentenced each of them to suffer imprisonment for life. They were further convicted under Sections 326/149, Penal Code and under Sections 324/149, Penal Code for the injuries caused to P. W. 3 and P. W. 2 and sentenced to rigorous imprisonment. Hence this appeal.

(2.) The facts of the prosecution case were these.

(3.) In village Kurrapalli, there are four Kamma ryot families which are divided into two warring factions. The appellants belong to one faction. They are all interrelated. Accused 6 is the mother, A-1 and A-2 are her sons. A-4 is A-6's brother-in-law's grandson. A-5 is her son-in-law. A-3 is the first cousin of A-1 and A-2. Excepting A-3, all the appellants live together. P. Ws. 1 to 5 are also inter related. They belong to the rival faction. The house of P. Ws. 1 to 5 and the deceased are separated by a narrow lane from the houses of the appellants. Estrangement between the two factions commenced about four years before the occurrence, when the appellants purchased a field known as Mangalavani Chenu. Convenient passage to the hayrick yards of the P. Ws. and other members of their faction lay through this field. The appellants denied that passage. As a counter-blast, the faction of the complainant did not allow the appellants to go across their southern lane to fetch water from the well. There was also criminal litigation between the two factions.