EDIGA SANJANNA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The appellants were acquitted by the Additional Sessions Judge, Kurnool, of the charges framed against them under Section 148 and section 302 of the Indian Penal Code, alternatively under S. 149 read with Section 302 of Indian Penal Code for the murder of one Chinna Sidde Reddy on August 1, 1968. The High Court of Andhra Pradesh at Hyderabad on appeal preferred by the Public Prosecutor of Andhra Pradesh set aside the order of acquittal and convicted the appellants under Section 302 read with Sec. 149 of the Indian Penal Code and sentenced each of them to imprisonment for life. They were also convicted under Section 148 of the Indian Penal Code and each of them was sentenced to suffer rigorous imprisonment for two years, the sentences were directed to run concurrently. In this appeal preferred under Section 2 of the Supreme Court (Enlargement of Criminal Jurisdiction) Act, 1970 the correctness of the High Court's order setting aside the acquittal is under challenge.

(2.) Accused Nos. 1 to 9 are residents of village Putlur and accused No. 10 used to reside in a neighbouring village Cherukulapadu, about two and a half miles from Putlur. For over twenty years these villages have been the scene of bitter rivalry between two communities, Kapus and 'Upparas'. One Chinna Thimmana was the leader of the Upparas until 1956 when he was murdered. Prosecution witnesses Nos. 1, 5, 6 and several others were charged with the murder of the said Thimmanna but they were all acquitted. This was followed by several criminal cases and proceedings under Section 107 of the Code of Criminal Procedure involving members of both the warring factions. After the murder of Thimmanna Accused Nos. 3 and 4 became the leader of the 'Upparas'. The leader of the Kapus was Chinna Sidda Reddy who was murdered on August 1, 1968. A fortnight before the occurrence, there was an altercation between Accused No. 4 on one side and P. W. 6 and Chinna Sidda Reddy on the other, over the purchase of certain lands.

(3.) The prosecution account of the occurrence on August 1, 1968 is as follows. Chinna Sidda Reddy and his brother P. W. 1 stated out from their houses just before midday to go to another village called Dhone. After they had proceeded some distance along the road leading to village Cherukulapadu on route to Dhone, they overtook P. Ws. 2 and 3 who were going to Cherukulapadu. The road ran south to north. Venkatappa, father of Accused No. 7, had his house on this road. All the accused persons came out of Venkatappa's house variously armed and rushed towards P. W. 1 and the deceased as soon as they came near the house. Out of fright P. W. 1 ran into the House of P. W. 7 which was to the west of the road, Venkatappa's house was on the eastern side. The deceased turned back and run but was chased by the accused and caught when he was between two bullock carts parked on either side of the road. What happened then has been described by P. Ws. 1, 2, 3, 4, 5 and 6. P. W. 1 saw the occurrence from behind the fence made of dried datepalm leaves of the house of P. W. 7 which was about 60 to 70 feet away from the scene of occurrence. P. Ws. 2 and 3 who were following the deceased and P. W. 1 saw the occurrence standing near a tree by the roadside from a distance of 50 or 60 feet. P. W. 4 who had his house nearby saw the incident partly sitting at the wall of a neighbour's house. P. Ws. 5 and 6 witnessed the happening standing near the house of one Vadde Giddaiah.