VUTUKURU LAKSHMAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The present appeals are directed against the judgment and order dated 22.03.2007 passed by the High Court of Andhra Pradesh in Criminal Appeal No. 517 of 2005, whereby it has confirmed the judgment of conviction and order of sentence passed by the learned Additional Sessions Judge, Nellore in Sessions Case No. 365 of 1998 whereunder he had found the appellants guilty of the offence under Sections 302 and 148 of the Indian Penal Code (IPC) and sentenced each of them to suffer rigorous imprisonment for life on the first score and imposed separate sentence under Section 148 IPC with the default clause stipulating that all the sentences shall be concurrent. Be it stated, the High Court has acquitted three of the convicted persons.

(2.) Filtering the unnecessary details, the prosecution case is that the deceased, Patrangi Ramanaiah, was a supporter of the Telugu Desam Party, while accused Vutukuru Lakshmaiah, A-1, was the Councilor for Ward No. 16 of Nellore Municipality and belonged to the Congress Party. One Patrangi Velongini Raja of Telugu Desam Party was allegedly murdered by accused, A- 1, and his brother and in the said prosecution the deceased and PW-1 were witnesses.

(3.) On 14.05.1996 about 9.30 p.m., Pamula Ramanaiah, PW-1, and the deceased were travelling on their scooter towards Akuthota Harijanawada, and when they reached a sweet meat shop, Meriga Yedukondalu, A-4, and Utukuru Seenaiah, A-6 (since deceased) attacked them as a result of which, PW1, who was driving the scooter lost control of the scooter and both of them fell down. As the prosecution story proceeds, Vutukuru Lakshmaiah, A- 1, Rayapu Srinivasulu, A-2, Rayapu Sivaiah, A-3, Meriga Ramaiah, A-5, and Meriga Penchlaiah, A-7, stabbed the deceased multiple times with knives, while A-4 and A-6 beat him with iron rods. A-2 then tried to stab PW-1 but missed. Thereafter A-3 stabbed PW-1 with a knife on his left arm, but he managed to escape and hid in the PWD office situated nearby.