STATE OF ANDHRA PRADESH Vs. RAYAVARAPU PUNNAYYA

JUDGEMENT

(1.) THIS appeal by special leave is directed against a judgment of the High Court of Andhra Pradesh. It arises out of these facts.

(2.) IN Rompicheria village, there was factions belonging to three major communities viz., Reddys, Kammas and Bhatrajus. Ravavarapu (respondent No. 1 herein) was the leader of Kamma faction, while Chopparapu Subbareddi was the leader of the Reddys. IN politics, the Reddys were supporting the Congress party, while Kammas were supporters of the Swatantra Party. There was bad blood between the two factions which were proceeded against under Section 107. Cr. P.C. IN the Panchayat elections of 1954, a clash took place between the two parties. A member of the Kamma faction was murdered. Consequently, nine persons belonging to the Reddy faction were prosecuted for that murder. Other incidents also took place in which these warring factions were involved. So much so, a punitive police force was stationed in this village to keep the peace during the period from March 196 6/09/1967. Sarikonda Kotamraju, the deceased person in the instant case, was the leader of Bhatrajus. IN order to devise protective measures against the onslaughts of their opponents, the Bhatrajus held a meeting at the house of the deceased wherein they resolved to defend themselves against the aggressive actions of the respondents and their party-men. PW 1, a member of Bhatrajus faction has a cattle shed. The passage to this cattle-shed was blocked by the other party. The deceased took PW 1 to Police Station Nekarikal and got a report lodged there. On 22/07/1968 the Sub-INspector of Police came to the village and inspected the disputed wall in the presence of the parties. The Sub-INspector went away directing the parties to come to the Police Station of the following morning so that a compromise might be effected.

(3.) FINDING the condition of the injured serious, the Doctor sent information to the Judicial Magistrate for getting his dying declaration recorded. On Dr. K. Reddy's advice, the deceased was immediately removed to the Guntur Hospital where he was examined and given medical aid by Dr. Sastri. His dying declaration, Ex. P-5, was also recorded there by a Magistrate (PW 10) at about 8.05 p.m. The deceased, however succumbed to his injuries at about 4.40 a.m. on 24/07/1968, despite medical aid.