NANNAPANENI RAMAKRISHNAIAH Vs. STATE

JUDGEMENT

(1.) These appeals arise out of the JUDGMENT of the Sessions Judge, Khammam in sessions Case No. 13 of 1959, Sentencing all the four accused to rigorous imprisonment for seven years each under S 326 read with S. 34, Indian Penal Code and to rigorous imprisonment for two years each under S 324 read with S. 34 Indian Penal code and accused 1 and 2 to rigorous imprisonment for seven years each under also S. 392 read with S. 397, Indian Penal Code. The convictions under S. 326 read with s. 34 were upon charges under s. 302 read with s. 34, Indian Penal code for the murder of two persons, Narayana and Jankayya, in the village of Jammalapuram at about 4 p. m. on 12-12-1958. The convictions under s. 324 read with s. 34 were for hurt caused at the same time to Raghvaiah (P. W. 1) and to Seetharamaiah (P. W. 2). The convictions under 392 read with S. 397 Indian Penal Code were for the robbery of a cartload of paddy from Narayanas possession. appeals Nos. 654, 689 and 694 of 1959 are bought by the accused against then convictions and sentences. Appeal No. 12 of 1960 of 1959 are brought by the accused against then convictions and sentences. Appeal No. 12 of 1. is brought by the Public Prosecutor and is directed against the acquittal of the four accused for the offence under section 302 read with S. 34, Indian Penal Code.

(2.) The prosecution case is briefly that at about 6 p.m. on 12-12-1958, while Narayana (1st deceased)along with his younger brothers Jankayya (2nd deceased) and Raghavaiah (P. W. 1) and his son Seetharamaiah (P. W. 2) was carting the paddy produce Khandriga land to his house at Jammalapuram he tow accused attacked them in one Venkateswaraos pasture land with spears and sticks (M Os. 1 to 3 and 8), causing fatal injuries to the two deceased and simple hurt to P. Ws. 1 and 2 and removed the entire paddy to the 2nd accused s house. The motive for the crime was that the 1st accused , who is the 1st deceaseds divided son and is closely related to accused 2 to 4, claimed a share in the paddy produce of Khandriga land after raising disputes some time earlier over the partition of the family properties which had taken place in 1955. When the two carts loaded with paddy, passed by one Lakshminarayanas pasture land, accused 1 to 3 obstructed them unsuccessfully and chased the carts for some distance pelting stones. This part of the event is spoken to by P. Ws. 1, 2, 7, 8 and 10. When the first cart came on to Venkateswararaos pasture land, the 4th accused appeared, promised to settle amicably the quarrel between the father and the son and prevailed upon the two deceased and P. Ws. 1 and 2 to surrender the two spears (M. Os. 1 and 2) and the two sticks (M. Os. 3 and 8) which they were carrying. Immediately he attacked the 1st deceased with one of the spears. Accused 1 to 3, who came behind him, picked up the remaining weapons at the same time and attacked P. W. 1 the 2nd deceased and P. w. 2 respectively. After the victims fell down with injuries, the 1st accused twisted the hands and legs of all the four of them . Accused 1 and 2 took away the paddy. The attack on the two deceased and P. Ws. 1 and 2 was seen by P. Ws. 3 to 6 and 11 who were about 20 or 30 yards of, but P. Ws. 5, 6 and 11 were hostile at the trial. a farm servant (P. W. 8) carried the four injured persons, one after the other to the 1st deceaseds persons, one after the other to the 1st deceaseds house and the deceased 1 and 2 died there at about 5 p. m. respectively on the same day.

(3.) The village magistrate (P. W. 13) went to the 1st deceaseds house a little after the latter died at about 5 p. m. questioned P. W. 2 who alone was conscious and sent a report (Ex. P. 8) to the police. In Ex. P. 8, the names of the four accused are given as the assailants who beat and speared the two deceased and P. Ws. 1 and 2; and the witnesses are mentioned as P. Ws. 4 and 5 "and others". The Medical evidence is that the 1st deceased had 15 injuries including three fractures of the limbs, out of which 10 were incised wounds and could have been caused by a spear and the rest could have been caused by spear sticks. The 2nd deceased had 10 injuries, including a fracture of the right clavicle and four fractures of the limbs, all of which could have been caused by a stick and were of the same age as the 1st deceaseds injuries. Both died on account of the shock due to multiple injuries. P. Ws. 1 and 2 had three and nine simple injuries respectively and all of them could have been caused by a stick. The Circle Inspector of Police at Madhira (P. W. 20) reached Jamalapuram on the morning of 13-12-1958 and found blood stained earth and a trial of blood in Venkateswararos pasture land. The 1st accused was arrested on the morning of 14-12-1958 and was interrogated by P. W. 20 in the presence of mediators. he took them to his house and produced two spears and a stick (M. Os. 1 to 3) from within his room. The he took them to 2nd accused s house and showed 22 bags of paddy lying on the verandah. P. W. 20 searched the 2nd accused s house and recovered a second stick(M. O. 8) and some vessels (M. Os. 4 to 7) which had been in the deceaseds cart at the time of the occurrence. Accused 2 to 4 were absconding and surrendered in Court after the police laid the charge sheet in the case.