TALLURRI VENKAIAH NAIDU S SRIHARI NAIDU Vs. PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH :STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) In Sessions Case No. 8 of 1980, the three appellants were variously charged and tried along with three other co-accused and the learned Additional Sessions Judge, Nellore Division, Nellore by a judgment dated 24th May, 1980 convicted 8 ,Srihari Nadiu, the appellant No . 1 as well as R. Ramasubha Reddy and Ganapam Chealla Reddy, the accused Nos. 5 and 6 respectively under S. 120-B read with S. 302 of the Penal Code. A/C has also been convicted under S. 302/109, IPC as well as under S. 8 of the Explosive Substances Act, 1908. All the three were sentenced to undergo life imprisonment on each count, but all sentences were directed to run concurrently. The trial Court acquitted A-2, A-3 and A-4 from all the offences they were charged with. A-1 to A-5 and A-8 were also acquitted of some of the other charges that were framed against them. The convicted accused, namely, A-1, A-5, and A-8 preferred an appeal in the High Court. The State of Andhra Pradesh also preferred an appeal against the acquittal of A-2 to A-4 as well as against A-1 and A-5 who was acquitted of some of the other offences. The High Court held that charge under S. 120-B read with S. 302, IPC was not established against any of the accused persons and therefore set aside the conviction under S. 130-B/302, IPC. The High Court also allowed the appeal of A-5 and A-6 and set aside their conviction and sentence on all counts. But the High Court found the appellant herein A-1 guilty of the offences under S. 147, IPC and after setting aside acquittal of A-2 and A-3 namely, T. Venkaiah Naidu and S. Mallikarjuna Naidu respectively, they were found guilty under S. 148, IPC. The High Court also held A-2 guilty for the offence under S. 302, IPC and A-1 and A-3 guilty under S. 302/149,IPC. A-2 and A-3 are further held guilty under S. 8 of Explosive Substances Act, 1908 and convicted them accordingly and all the there were sentenced to undergo life imprisonment. The conviction of A-1 and A-3 under S.8 of the Explosive Substances Act was also maintained but no separate sentence has been awarded on that count. A-1 had filed Cr. A. No. 741/53 against his aforesaid conviction and A-2 and A-3 have filed Crl. A. No. 425/83 against the common judgment. We are informed at the very outset by the learned counsel for the appellants that A-1, namely S. Srihari Nadiu died during the pendency of this appeal on 2nd August, 1992 and therefore, Crl. A. No. 741/83 abates.

(2.) According to the prosecution, the incident occurred on 21st May, 1979 between 8-8. 30 p.m. when the deceased Pallamareddi Ramanareddy, a resident of village Bitragunta - Bogole, had closed his shop. The deceased was running a fancy shop and wine shop in Bagole village. He was also a member of Panchayat. A-1 to A-4 are also residents of the same village where A-1 was having a cloth shop adjacent to that of the fancy shop of the deceased. A-1 was also a Sarpanch of the village and there were political rivalries between the deceased and A-1, A-2 is the son-in-law of A-1 and A-3 is the nephew of A-1. According to the prosecution, prior to the occurrence in question, there were certain incidents on account of which certain criminal case was pending against the deceased due to which there was enmity between them. This apart, the A-1 was indulging in cotton market gambling and the deceased made complaints to the Police and the Police began to keep watch on the activities of A-1 and hence A-1 was having grudge against the deceased. It is said that since A-1 to A-3 entertained grudge against the deceased, they issued threats to his life. On the date and time of the occurrence, the brothers (P. W. 1 and P. W.2) of the deceased had closed the shop while the deceased was standing in front of his shop along with his clerk. At that point of time, P.Ws. 5, 8 and 9 arrived there. The deceased was talking to them and when they proceeded, P. W.6 arrived there and when they were busy in talking, A-1 to A-3 along with three other persons emerged from behind a lorry standing there and on the instigation of A-1, A-2 and A-3 hurled bombs at the deceased. The bomb hurled by A-2 hit the deceased on his back and exploded. The bomb hurled by A-3 fell near the deceased and exploded. The deceased fell down and died instantaneously.

(3.) The further prosecution case is that Vijayasena Reddy, P. W.1, the younger brother of the deceased opened the shop, dictated a report to his another brother Valmati Parandhama Reddy, P. W.2, and took it to the police station, Bitragunta, where he lodged a written report (Exh. p-2) at about 10-30 p.m. on the basis of which FIR was recorded by the Sub-Inspector, P. W.23. The Police Inspector, P. W.20 recorded the statements of some of the witnesses during the night and the statement of others were recorded next morning. An inquest P-29 was prepared between 7 to 9 a.m. next day.