GOLLA PULLANNA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal by Original Accused Nos. 9 and 11 arises out of the judgment and order passed by the Andhra Pradesh High Court in Criminal Appeal No. 756 of 1981 confirming the order of conviction and sentence passed by the Court of the Sessions Judge, Cuddapah in Sessions Case No. 45 of 1980.

(2.) On 8-9-1979 at about 4.30 p. m. Sivarami Reddi alias Sivanna of village Kondapuram, along with his uncle Bodella Yellareddi (P. W. 1.) and his grandson Jayachandra Reddy (P. W. 2) had gone to his lime garden for watering lime trees. At about sunset time they started returning and when they had come near the bus stand, accused No. 1 along with other 11 accused assaulted Sivanna with hunting sickles, daggers, spears and hatchets, because of the enmity between the party of Sivanna and the party of accused No. 1., Sivanna died on the spot. Jayachandra Reddy remained near the dead body and Yellareddy (P. W. I) went to the police station. He gave a complaint (Exh. P-1) in writing and on that basis an offence was registered. All the 12 accused were charge-sheeted by the police and they came to be tried in the Court of Session, Cuddaph for the offences punishable under Ss. 148, 302 read with 149, I, P. C. and in the alternative, for the offences punishable under S. 302 read with S. 34, I. P. C. During the pendency of the trial accused No. 2 died and the trial proceeded against the remaining 11 accused.

(3.) In order to prove its case the prosecution mainly relied upon the evidence of three eye-witnesses, namely, P. W. 1 Bodella Yellareddy, P. W. 2 Jayachandra Reddy and P. W. 3 Shaik Bashu. The learned Sessions Judge belived the presence of the three eye-witnesses near the scene of offence and held that their evidence deserved to be believed to the extent of their seeing the attack against the deceased with deadly weapons like spears, hatchets and hunting sickles. However, in view of the corrections made in the names of accused Nos. 5 and 7 in the written complaint (Exh. P-1) the learned Sessions Judge doubted their participation in the offence and acquitted them giving benefit of doubt. As it was found that accused Nos. 3 and 12 were of a different village and had no motive to participate in the attack they were also given benefit of doubt. The learned Sessions Judge convicted the rest of the accused that is accused Nos. 1, 4, 6 and 8 to 11 under Ss. 148 and 302 read with 149, I. P. C. and sentenced them to undergo imprisonment for life.