G SATYANARAYANA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) January 30, which is an inauspicious day for the people of India, turned an ominous day for the family of Krishnareddy also as it was on that day of the year 1980 at about noon that he met his end in Annapurna Hotel belonging to Public Witness 4. Krishnareddy was not expected to be at the hotel at that time, but per chance he happened to be there, so also the accused persons, who belong to a different faction. Prosecution case is that Krishnareddy was belaboured by as many as 21 persons causing large number of injuries resulting in his spot death. The FIR, however, came to be lodged after two and a half hours after the matter had been discussed in detail by Public Witness 1 with one Loyashayya, which set the police in action resulting in booking of 21 persons for trial under various S. of law including S. 302/149. During the course of the trial. A-11 died and 15 accused were acquitted. The remaining 5 came to be convicted, of whom, A-5 and A-14 under Section 302 and A-1, A-10 and A-12 under Section 326. For the offence under Section 302 Indian Penal Code the punishment of imprisonment of life was awarded' and for the other offence, RI for 3 years.

(2.) The State preferred an appeal against the acquittal; so too the convicted a persons. The High court heard both the appeals together and dismissed both. There is no appeal against acquittal of 15 accused persons. In this appeal, we are concerned with the legality of conviction of the aforesaid five accused persons.

(3.) We may take up the cases of accused 1, 10 and 12 first. Having heard Shri Subba Rao for them, we do not find any infirmity in the conviction of these appellants. Keeping, however, in view the fact that the occurrence is of 1980and these appellants have been on bail since 1983 pursuant to the order of this court and each of them has already undergone imprisonment for a year or so, we reduce the sentence of imprisonment to the period already undergone.