MUMMIDI HEMADRI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) LEAVE granted.

(2.) CHALLENGE in this appeal is to the judgment rendered by a Division Bench of the Andhra Pradesh High Court which upheld the conviction of the appellants for the offence punishable under Sections 148 and 302 read with Section 149 of the Indian Penal Code, 1860 (in short the 'IPC').

(3.) ON 21.10.1997 at about 3.30 p.m. a mediation was held at the shop of A-1 in the presence of mediators PW-9 and one Mekala Ramaiah. Both the elders advised the parties to settle the dispute amicably. However, A-1 did not listen to the said advice, while the deceased stated that it is proper to abide by the advice of the elders. Since the mediation failed, both the parties left the place. Subsequently, PWs 1 to 5 and the deceased together joined at Bhaskar's Tea Stall for discussion about the mediation. Then the deceased told them that he had to talk to one Gas Dealer near Sivalayam and he started to go to that place. PWs 1 to 5 accompanied him. ON reaching near KBS office, they saw the accused persons. A-1 instigated the other accused persons to attack them. Then all the accused persons surrounded them with weapons. A-2, A-3 and A-6 caught hold of the deceased. A- 4 dealt two blows with a knife on the back of the deceased. A-5 stabbed the deceased with a knife on the left side of chest below the ribs and also on the right thigh. Seeing this PW's 1 to 5 raised cries. ON hearing their cries, number of people gathered there and upon their arrival, the accused persons went away. Thereafter, PW's 1 to 5 shifted the deceased to Government Head Quarters Hospital in an auto rickshaw. The Doctors examined the deceased and declared him as dead. After 20 minutes, the Sub-Inspector of Police, on receipt of telephonic information, came to the hospital and examined PWs 2 to 5. ON the same day at about 6.45 p.m. PW-1 gave a report (Ex.P1) to PW-18 whereupon he registered a case in Crime No.135 of 1995 under Sections 147, 148, 302 and 506 read with Section 149 IPC and recorded FIR in Ex. P 9. At about 7.30 p.m. PW-19 the Circle Inspector of Police took up investigation, visited the scene of offence and recorded the statements of PW's. PW-19 conducted inquest over the dead body of the deceased in the presence of PW-14 and another. During the course of inquest, PW-19 seized M.Os. 4 to 7 from the dead body of the deceased. At about 1.30 p.m. PW-17 the Civil Assistant Surgeon, Government Maternity Hospital, conducted autopsy over the dead body of the deceased and opined that the cause of death was due to shock and hemorrhage due to multiple injuries as per the post mortem report (Ex.P 7). ON 8.11.1997, PW-19 arrested the accused persons at Ayyappa Swamy Temple, Nellore. Later PW-21 the Circle Inspector of Police sent the material objects to FSL who submitted the report (Ex.P24). ON completion of investigation PW-21 filed charge sheet. The plea of the accused was that of total denial. Twenty one witnesses were examined to further the prosecution version. PWs 1 to 5 were claimed to be eye- witnesses. Placing reliance on the evidence of PWs 1 to 5 the trial Court recorded the order of conviction.