STATE OF A P Vs. RAYANEEDI SITHARAMAIAH

JUDGEMENT

(1.) Out of ninety four chargesheeted accused persons of the police case, who were committed to the court of sessions to face trial, five persons died during trial and case of other five were separated as they were absconding. Thus, the remaining eighty four accused persons along with accused persons in the complaint case filed for the same occurrence and also committed to the court of sessions to face trial, were charged and tried and by judgment rendered by trial court, out of eighty four persons of police case, five accused persons, viz., Rayaneedi Prasad (Accused No. 1, in short "A-1"), Chaganti Satyanarayana (A-4), Chaganti Subbarao (A-7), Rayani Alias Gammathu Raghavaiah (A-23) and Rayani Alias Gammathu Anjaiah (A-24) were convicted under Section 302 of the Indian Penal Code (hereinafter referred to as Rs. IPC) and sentenced to undergo imprisonment for life. They were further convicted under Section 148 IPC and sentenced to undergo rigorous imprisonment for a period of three years. Both the sentences were, however, ordered to run concurrently. Fifty accused persons of the said case, viz., Rayannedi Sitaramaiah (A-2), Chaganti Nageswara Rao (A-5), Vankayalapati Laxminarayana (A-11), Yarlagadda Arjunarao (A-12), Pothina Raghavaiah (A-13), Yarlagadda Butchinaidu (A-14), Daggupati Masthanarao (A-15), Daggupati Nagamna (A- 16), Perni Aajaiah (A-17), Perni Pratap (A-18), Perni Venkanna (A-19), Kondragunta Narasimha (A-21), Jagarlamudi Babi (A-22), Pothipa Tirupataiah (A-27), Pothina Rangaiah (A-29), Jagarlamudi Sanjivaiah (A-31), Jagarlamudi Ramu Alias Radhakrishnamurthy (A-32), Pthina Lakshminarayana (A-33), Perni Venkatasubbaiah (A-35), Yarlagadda Subbarao (A-36), Pothina Akkaiah (A-39), Goturu Alias Gottipati Lakshmiah (A-40), Goturi alias Gottipati Venkateswarlu (A-42), Daggupati Kishore (A- 43), Daggupati Paparao (A-44), Gottipati Venkateswarlu (A-45), Daggupati Hari (A-48), Pothina Krishna Murthy (A-49), Yarlagadda Ramesh (A-50), Yarlagadda Apparao (A-52), Kampalli Veeranarayana (A-55), Pothina Venkatesubbaiah alias Venkatasubbaiah Chowdary (A-56), Pothina Prasad (A-57), Daggupati Brahmanaidu (A-58), Veerathu Prasad alias Ramprasad (A-59), Rayaneedi Venkateswarlu (A-65), Pothina Ranganayakulu (A-66), Talluri Paparao (A-67), Balija Subba Rao (A-68), Pothina Srinivasarao (A- 69), Yarlagadda Venkateswarlu (A-72), Yarlagadda Singaiah (A-73), Yarlagadda Tirupataiah (A-76), Yarlagadda Veeranarayana (A-80), Mandava Vithal alias Panduranga Vithal (A-82), Gorantla Tirupathaiah (A-85), Daggupati Anjaiah (A-86), Pothina Gnanayyagari Subba Rao (A-91), Nadendla Papa Rao (A-92) and Jagarlamudi Satyam alias Sriramulugari Satyam (A-93), though acquitted of the other charges, were convicted under Section 148, IPC and out of them four persons, viz., A-27, A-35, A-44 and A-65 were sentenced to pay a fine of Rs. 10,000/- each, in default, to undergo simple imprisonment for a period of six months whereas the remaining forty six accused persons undergo rigorous imprisonment for a period of three years. The remaining twenty nine persons of the police case and other accused persons of the complaint case were acquitted of the charges.

(2.) Three appeals were filed before the High Court against the judgment of the trial court, one by fifty persons who were convicted under Section 148 IPC, another by five accused persons who were convicted under Sections 302 and 148 IPC and the third appeal by the State of Andhra Pradesh challenging the order of acquittal in relation to twenty persons, viz., Yarlagadda Nayugamma (A-8), Mandava Radhakrishna Murthy (A-9), Gorantla Anjaiah (A-10), Yarlagadda Udayabhaskara Rao (A-20), Pothina Mohana Rao (A- 28), Yarlagadda Anjaneyulu (A-30), J. Ramu (A-32) Puvvati Nageswararao (A-37), Yarlagadda Nageswara Rao (A-46), Charukuri Venkateswarlu (A-47), Yarlagadda Somaiah (A-53), Yarlagadda Brahmaiah (A-54), Ganta Tirupathaiah (A-60), Daggupati Krishnamurthy (A-61), Yarlagadda Venkanna (A-62), Daggupati Rattaiah (A-63), Pothina Laxminarayana (A-64), Chaganti Nayudamma alias Vaddila Nayudamma (A-74), Mandava Venkatesubbaiah alias Subbarayudu (A-75), and Yarlagadda Krishna Murthy (A-90) all of whom were accused in police case. No appeal was filed in relation to the remaining nine acquitted accused persons of police case and acquitted accused persons of complaint case. High Court allowed both the appeals filed by the accused persons and acquitted them of the charges and dismissed the appeal filed on behalf of the State of Andhra Pradesh and confirmed the order of acquittal.

(3.) Before this Court, three appeals have been filed by the State of Andhra Pradesh viz., Criminal Appeal No. 356 of 1999 against the order of acquittal rendered by the High Court in relation to fifty accused persons, Criminal Appeal No. 357 of 1999 against the same acquitting five persons who were convicted by the trial court under Sections 302 and 148 IPC and the third being Criminal Appeal No. 358 of 1999 which is against the order whereby acquittal of twenty accused persons has been confirmed by the High Court. Apart from filing the appeals by the State, on behalf of the Tella Zedson (PW-1), three special leave petitions have been filed challenging the same very order of acquittal which were registered as SLP (Crl.) Nos. 3788-90 of 1998 and the same were directed to be heard along with the said appeals.