EQBAL BAIG Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal arises out of the conviction of the appellant along with three others by the Sessions Court of Khamam District dated Ist March, 1976 in Sessions Case No. 8 of 1975 for imprisonment for life, maintained in appeal by the High Court of Andhra Pradesh under S. 302 read with S. 149, I.P.C. Four persons were convicted by the High Court whereas seven persons were acquitted, the special leave petition was filed on behalf of the four convicted persons, but that of appellant only was granted and hence this appeal by the appellant against his conviction.

(2.) It is an unfortunate incident arising out of the trade union rivalry where a group of persons belonging to one trade union attacked and assaulted the leaders of the rival union and the two of the rival union who were attacked, succumbed to the injuries as a result of this incident. The incident is alleged to be of December 18, 1974 at 6.30 p.m. in a bus.

(3.) It is alleged that at about 6.30 p.m. when this bus driven by P.W. 7 reached the stop, i.e. 9th incline, P.W. 8 was the conductor of the bus, the two deceased persons, P.Ws. 1 to 6 and 10 and accused 14 and 16 along with Ghouse Khan got into the bus. Accused 1 and 2, who were also at the bus stage near a motor cycle, left the place before the bus started by their motor cycle. PWs 9 and 10 were waiting at 8th incline bus stage and they noticed some accused persons coming from the liquor shop to the 8th incline bus stage. Accused 1 and 2 came there on motor cycle and all of them joined. When the bus with the two deceased and the witnesses came to the 8th incline bus stage, all the accused persons who were already there at the 8th incline bus stage proceeded to the bus and accused 1 and 2 said that the two deceased were in the bus and should be dragged and killed. Immediately accused 3,4,9, 10 and 11 entered the bus. Accused 14, i.e., the present appellant pointed out the two deceased. Thereafter the accused entered the bus, dragged Yellaiah. Accused 14 and 16 also came into the bus and Yellaiah was beaten by accused 5, 8 and others with sticks. Accused 14 stabbed him with a knife. Accused 3, 4, 9, 10 and 11 again got into the bus and dragged Rayamallu. Rayamallu caught hold of the rod of the bus and tried to alight the bus. Accused 9, 10 and 11 stabbed him with knives in the bus itself. He was thereafter dragged and the accused persons waiting outside the bus beat him with sticks and stones. P.Ws 2 and 3 who were in the bus got down and ran away being afraid of their being attacked. Accused 5, 6, 9, 10 and 14 again got into the bus and the bus started proceeding. Near the Filter bed accused 9 pointed out a knife to the driver and conductor and asked the driver to stop the bus. When the bus stopped accused 9 brought some carta and poured it on the foot-board where the blood was. Accused 5, 6 and 10 erased the blood with earth and then the accused asked the driver to take away the bus.