BOJJAGANI MOOGADN ALIAS THIRAPATHAYYA Vs. STATE

JUDGEMENT

(1.) A-1, A-3, to A-6, A-8 and and A-9 the petitioners herein, have been convicted for the offences punishable under sections 147, 226, 232 and 333 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for various periods upto three years.

(2.) The case for the prosecution was that all the accused except A-6 are the residents of Dachavaram and A-6 belongs to Kontalapalli of Nandigama taluk A-1 and some of the accused were wanted in certain crimes where their complicity was suspected by the police. At the instance of P.W. 12, the Circle Inspector of Police, Nandigama, an investigation detective party (hereinafter called the I.D. Party) consisting of P.W. 1 Head Constable and P.Ws. 3, 4 and 7 Police Constables belonging to different police station went on 25th June, 1968 to Kesara Village wherefrom they proceeded to Dachavaram on information and arrested A-1 at 4 P.M. at his house. When A-1 was being taken by the police constables to Nandigama through the 'donka' leading from Dachavaram to Vollanki by about 5-00 P.M. all the accused and some others, twenty in number, came from behind armed with sticks and attacked the I.D. Party as a result of which P.Ws. 1, 3, 4 and 7 sustained bleeding injuries and fell down. A-1also extricated himself from the police and took part in the attack. He along with the other accused ran away after the incident. The injured police constables thereafter got up and reached the choultry in the outskirts of Vellanki village where P.W. 8, the village officer, arranged a double bullock cart driven by P.W. 9 and one Shaik Galib Sabeb to Keesara Village. The police party went to Nandigama Police Station in a rickshaw driven by P.W. 10 in the early hours of 26th June, 1968. Exhibit P-1, a complaint, was given by P.W.1 to P.W. 11, the S. I. of Police, Nandigama who registered the case as Grime No. 42/68 and sent the four injured constables to the Government Hospital, Nandigama for treatment. The case was investigated by P.W.12 who arrested some of the accused. Others except A-2 and A-7 sunendered before the Court.

(3.) As the accused 2 and 7 were absconding, the case was separated and all the accused except A-2 and A-7 have been tried by the Second Additional Assistant Sessions Judge, Vijayawada in S.C. No. 7/69, who convicted and sentenced the petitioners and acquitted others of various charges levelled against them. The appeals preferred by the petitioners to the Additional Sessions Judge, Krishna against the convictions and sentences awarded by the trial Court have been dismissed. Hence, this revision petition.