SHEELAM RAMESH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal under S. 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short the TADA) is against the judgment and order of the learned Sessions Judge (Designated Court), Karimnagar, Andhra Pradesh. By the impugned judgment and order accused-appellants Sheelam Ramesh (A-2) and Samudrala alias Kummari Mallesham alias Rajanna (A-3) were convicted under S. 302, I. P. C. read with S. 34, I. P. C., Section 27 of the Arms Act, 1959 and Sections 3(2)(i)(ii) and 5 of the TADA.

(2.) A-2, A-3 and another Bheemanna alias Bairi Ramchander (A-1) are members of CPI (ML) Peoples War Group (in short PWG). Deceased-Ramtenki Chandraiah, Man-chikatla Shankar (PW-1) and Thota Paul (PW-2) were members of the said PWG but they severed their connections with the group since four years prior to occurrence and they were residing at Jagtial for their safety and security, away from their villages.

(3.) On 30-1-1993 at about 7.00 p.m. deceased, PWs-1 and 2 were sitting as usual in front of Shri Venkateshwara Hair Cutting Saloon near the bus stand of Jagtial. Suddenly A-1 to A-3 armed with pistol and tamanchas (country made gun) came and fired at the deceased. PW-1 escaped and ran to Jagtial police station. Deceased-Ramtenki Chandraiah was hit by gun fire and was injured. He was taken to the Government Hospital, Jagtial where he succumbed to the injuries. Thereafter, accused went away from the place of occurrence on their cycles. PW-2 went towards another side. Subsequently, A-2 and A-3 were apprehended. After investigation, charge-sheet was submitted under Sections 302, 307 read with 34, IPC, Section 7 of the Arms Act, 1959 and Sections 3 and 4 of the TADA. The case of A-1 was separated as he was absconding. Eleven witnesses were examined on behalf of the prosecution. Seized articles were produced and the Court below found both accused-appellants guilty under the aforesaid Sections except Section 307, I. P. C. and convicted them accordingly.