PALVAI ROSAIAH Vs. STATE OF A P

JUDGEMENT

(1.) Accused Nos.1 to 6, who were tried by the Principal Sessions Judge, Nalgonda in SC No.311 of 1998, are appellants herein.

(2.) The accused/appellants were tried for offences punishable under Sections 148, 302 read with 149 of the Indian Penal Code. On evidence, the learned Sessions Judge convicted A1, A2, A3 and A6 of the offence punishable under Section 148 of Indian Penal Code and sentenced them to suffer rigorous imprisonment for two years. The learned Sessions Judge also convicted A4 and A5 of the offence under Section 147 of Indian Penal Code and sentenced them to suffer Rigorous Imprisonment for one year. A1 to A6 were further convicted of the offence under Section 302 read with Section 149 Indian Penal Code and sentenced to suffer imprisonment for life. The sentences imposed upon the accused/appellants were directed to run concurrently.

(3.) The charge against the accused was that on 3-12-1996 at about 11-15 p.m., near the barbershop of one Ramulu of Venulapally village all the accused caused the death of one Subhash Kumar. The prosecution story can briefly be stated as follows: The accused and the material prosecution witnesses are the residents of Vemulapally village. PW1 happened to be the brother of the deceased, who was the president of NSUI, which is affiliated to Congress Party. Accused/appellants belong to Telugu Desham Party. The deceased took active party in the last MPTC elections and as such the accused/appellants developed grouse against the deceased. On 31-12-1996 at about 11 p.m., PW3 and the deceased started from the house of the deceased, went to a pan shop to take a pan and after taking pan they were returning home. It is alleged that when they reached near the barbershop of Ramulu, A1 to A6 surrounded the deceased. A1 was alleged to have hacked the deceased with Talvar on his head and mouth, A3 alleged to have stabbed the deceased with a knife on his head and mouth, A2 alleged to have stabbed the deceased with a knife on the right side of his chest and backside, A6 alleged to have hacked the deceased with an axe on his head and face and A4 and A5 were holding the deceased tightly when the other accused were beating him.