GOLLA JALLA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) J:- In Sessions Case No. 96 of 1983 on the file of the Sessions Judge, Anantpur 10 persons (hereinafter referred to as A1 to A10 respectively) were tried for criminal conspiracy, rioting with deadly weapons and murders of Kalapuram Paramasani Narasimhudu, Golla Jella Malli Reddy and Golla Jalla Narayana Reddy (hereinafter referred to as D1, D2 and D3 respectively). The learned Judge convicted and sentenced A1 under Section 302, I.P.C. and Section 3 of the Explosive Substances Act for committing the murder of D1 with bombs and A2 under Section 302, I.P.C. (simpliciter) for committing the murder of D2 and under Section 302 read with Section 34, I.P.C. for the murder of D1. A1 and A2 were acquitted of the other charges and A3 to A10 of all the charges. Against their convictions and sentences A1 and A2 filed two separate appeals in the High Court and the State, in its turn, filed an appeal against the acquittal of the other eight. During the pendency of the appeal A1 died and consequently his appeal abated. By a common judgment the High Court dismissed the appeal preferred by A2 and allowed the other appeal in part by setting aside the acquittal of A3 to A6 and convicting and sentencing them under Section 302 read with Section 34, I.P.C. and affirming the acquittal of A7 to A10. However, considering the tender ages of A4 and A5 the High Court recommended their commitment to a Borstal School. The above judgment of the High Court is under challenge in this appeal preferred by A2 to A6 under Section 2 of the Supreme Court (Enlargement of Criminal Appellant Jurisdiction) Act, 1970 and Section 379 read with Section 380, Cr. P.C.

(2.) Benefit of details, the possession case is as under:

(3.) To prove its case the prosecution examined 19 witnesses of whom Golla Jalla Chinnappa Reddy (P.W.1), Golla Paramasani Pullaiah (P.W.2). Boya Peddaiah (P.W.3) and Desari Venkataramudu (P.W. 4) figured as eye-witnesses. P.W. 4, however, turned hostile.