STATE OF ANDHRA PRADESH Vs. GOWTHU RANGHUNAYAKULU

JUDGEMENT

(1.) This appeal by special leave is against the judgment and order dated 19-4-1976 made by the High Court of Andhra Pradesh in the Referred Trial No. 2 of 1976 and Criminal Appeals Nos. 159, 168 and 169 of 1976 acquitting all the 7 accused who were convicted and sentenced by the Sessions Court, West Godawari Division at Eluru, Andhra Pradesh, in Sessions Case No. 71 of 1975.

(2.) The prosecution case in short is that on 23rd July, 1974 at 7.30 a.m. the accused persons forming themselves into an unlawful assembly in the house of the 1st accused and arming themselves with spears, sticks and crow-bars attacked the deceased while he was returning from the canal carrying water in what is locally known as "Kavadi". When the deceased reached the house of the 1st accused, all the ten accused came from behind and the 2nd accused gave a blow with a stick on the back of the head of the deceased as a consequence of which he fell down on his back. Then the 1st accused speared the deceased on his face and legs, the 5th accused poked the deceased on his right wrist with a crow-bar and the 6th accused speared the deceased on his legs and hands. The rest of the accused then beat the deceased with sticks indiscriminately. The deceased cried "Bobu". This was heard by his wife (P.W. 5) from her house which is situated about 150 yards. She immediately ran to the scene of occurrence and saw accused 1 to 8 and two others entering into the house of the 1st accused. P.W. 5 then sent intimation to her brother P.W. 2 who was working as labourer in a sugar factory through P.W. 8, P.W. 2 and others took the deceased to Bhimadole Police Station in a cart which is about 4 Kms. away from their house and lodged the F.I.R. Ex.P-1 wherein all the names of accused Nos. A1 to A4 and A6 to A8 as well as the nature of injuries inflicted on the person of the deceased were mentioned. This FIR was registered at 9.30 a.m. and a case under S. 326. I.P.C. was registered. Subsequently, the deceased was found dead on examination by the Doctor, P.W. 12 at the Government Hospital, Eluru. The F.I.R. was then altered to one under S. 302, I.P.C. The Inspector of Police made inquest of the dead body and the inquest report has been marked as Ex.P5. All the 10 accused were charged under S. 147, I.P.C. The accused A1, A4, A5 and A6 who were armed with deadly weapons were also charged under S. 148, I.P.C., and accused A1 to A10 were charged under S. 302 read with Section 149, I.P.C. They were all committed to the Court of Session. The Sessions Judge after considering the entire evidence and also hearing the counsel for the prosecution as well as the defence found that accused A1 to A3 and A5 to A8 were guilty of the offence under S. 147, I.P.C. and also under S. 302 read with Section 149, I.P.C. A1, A5 and A6 were also held guilty under S. 148, I.P.C. The accused A4, A9 and A10 were however acquitted of the offence under S. 147, I.P.C. Accused A4 was also not found guilty of offence under S. 148, I.P.C. The accused A1, A5 and A6 who were convicted under S. 302 read with Section 149, I.P.C., were sentenced to death and they were directed to be hanged by their necks till their death subject to confirmation by the High Court. A3, A7 and A8 were convicted under S. 302 read with S. 149, I.P.C., and they were sentenced to undergo imprisonment for life. A2 was also convicted under S. 302 read with S. 149, I.P.C., and he was sentenced to death and directed to be hanged by his neck till death subject to confirmation by the High Court. The accused A1 to A3 and A5 to A8 who were convicted under S. 147, I.P.C. were sentenced to undergo rigorous imprisonment for one year. A1, A5 and A6 were convicted under S. 148, I.P.C. and they were sentenced to rigorous imprisonment for two years. All the above sentences were to run concurrently.

(3.) Against this judgment and order 3 criminal appeals being Criminal Appeals Nos. 159/1976, 168/1976 and 169/1976 were filed. These criminal appeals along with R.T.No. 2 of 1976 were heard by the High Court of Andhra Pradesh, Hyderabad, and the learned Judge by his order dated 5th May, 1976 acquitted all the accused of both the charges of rioting and murder levelled against them and set aside the convictions and sentences allowing all the appeals and rejecting the reference.