S SUDERSHAN REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment rendered by a Division Bench of the Andhra Pradesh High Court upholding the conviction of the four appellants under Section 302 of the Indian Penal Code, 1860 (in short the IPC) and sentence of imprisonment for life as awarded by learned Principal Sessions Judge, Kurnool.

(2.) Accusations which led to trial of the appellants was that on 27.4.1999 at about 8.30 p.m. they caused homicidal death of one Khaja Saheb (hereinafter referred to as the Deceased) by hacking and stabbing with sickles and knives.

(3.) Prosecution version in a nutshell is as follows: On 27.4.1999, sometime prior to the occurrence, Khaja Saheb (the deceased) S. Venkateswara Reddy, G. Thirumalesh Gowd and T. Sreenivaslu (PWs. 1, 2 and 3) were at a place called "Ramesh Hotel" near the Silver Jubilee College of Kurnool Town. Thereafter they started on 2 two wheelers i.e. the deceased and PW 1 on the first vehicle, followed by PWs. 2 and 3 on another vehicle. The deceased was driving the first of the above mentioned two wheelers. PW 1 was the pillion rider. When the deceased and PW 1 reached near the railway gate located on their way, an auto-rickshaw overtook them. In that process, the deceased lost the control of the vehicle and they fell down. According to Ex. P 1 complaint, lodged by PW1 which was received by Sub-Inspector (PW-8) at about 10.30 AM on the very same night, all the four appellants herein got down from the above mentioned auto rickshaw, attacked the deceased. As a result of the said attack, the deceased breathed his last on the spot. In fact, from the evidence of Dr. M.S. R.K. Prasad, the doctor (PW 10) who conducted the post-mortem over the dead body of the deceased, there were number of cut and stab injuries on the body classified under ten heads. Immediately, after the incident, PW 1 went to the residence of the deceased, informed the kith and kin of the deceased around 8.45 P.M. Afterwards, PW 1 went to the police station and lodged Ex. P 1 complaint.