BATTU MUSALAYYA & OTHERS Vs. STATE

JUDGEMENT

(1.) These are appeals preferred against the convictions and sentences of the learned Assistant Sessions Judge of West Godavari Division at Eluru in S.C. No. 46 of 1950.

(2.) The facts are:- The dacoity in this case took place in the house of P.W. 3, Pullayya, at Kodigudem, village on the night of 27-5-1950. On that night P.W. 3 and his eldest son Gangaraju were not in the village and the inmates of the house were Manikyam (P.W. 1) and her daughter in law (P.W. 2) and the children of the family. They were sleeping inside the house and the outer door had been bolted from inside. P.Ws. 5 and 6 Venkatachalam and Venkanna were sleeping on the pials of that house on cots. Then at about midnight P.W. 5 was awakened by some conversation carried on in low tones. On getting up he was caught hold of by the tuft by one of the dacoits who had come there armed. P.W. 5 was told to keep quiet on pain of being stabbed. Another dacoit stood keeping guard over him. P.W. 6 had his hands tied by one of the dacoits, to the cot on which he he was sleeping. Then some of the dacoits knocked on the front door of the house which was not opened. Thereupon some of the dacoits excepting the one who was keeping guard over P.Ws. 5 and 6 scaled over the wall of the house and jumped into the backyard. They opened the back door of the house and the others trooped in. Some of these dacoits caught hold of P.Ws. 1 and 2 and beat them and took them inside the house and after beating P.Ws. 1 and 2 and Venkataratnam, the younger son of P.W. 1 and threatening them, took possession of the keys of the iron safe (M.O. 3) which was kept in a room in that house. That safe could not be opened and all the battering with the crowbar resulted in nothing more than the handle of the iron safe getting broken. The dacoits opened the other boxes including a trunk. They took possession of the clothes in the boxes used by the inmates of the house as well as Rs. 20 kept in another box. They snatched and took away also the Mangalasutrams of P.Ws. 1 and 2. The dacoits left the place taking with them property estimated at Rs. 600 and probably much less.

(3.) On the next morning of 28-5-1950, P.W. 13 who was the Village Munsif and Triune Officer residing at Kothapalli, a mile from Kodigudem, learnt about this dacoity went to Kodigudem, recorded the information given by P.W. 1 and sent his usual reports to the Police and the Magistracy. On account of the fact that the Tadikalapudi Police Station is nearly 30 miles away from Kodigudem, the Station House Officer P.W. 26 received the report on the night of 28-5-1950, registered the case as Crime No. 19 of 1950, started investigation the next morning and reached Kodigudem by midday of 29-5-1950. P.W. 21 the Circle Inspector of Police who received Express Report on 29-5-1950 reached Kodigudem on 30-5-1950 along with the Deputy Superintendent of Police, Eluru.