STATE OF HYDERABAD Vs. ANNANTHA REDDY

JUDGEMENT

(1.) IN this case, the Sessions Judge of Bidar convicted the accused Ananthareddy, Malgonda and Mathuri Narsayya, son of Narsayya Dhed, under Sections 302 and 148, Indian Penal Code, and sentenced each of them to death and two years rigorous imprisonment respectively and convicted seven accused, viz. , Fakirappa, Ramanna (Ramayya), Shankerappa, Sangayya (Sangappa), Lingayya, Gundappa and Bhaganna (Bhagayya) under Sections 302 and 148, Indian Penal Code, sentencing them to. transportation for life and two years rigorous imprisonment respectively. He ac-quitted three accused viz. , Ramanna, Erayya (Eraooa) and Lalayya of the aforesaid charges. In the case of the first three accused, who have been sentenced to death records have been sent for confirmation and all the ten accused who have been convicted have also filed appeals.

(2.) THE story of the prosecution is that the accused along with some others who belonged to the party of Ananthareddy (Accused No. 1) due to enmity with Lakshmareddy, the deceased with whom the said Ananthareddy had some land disputes, murdered the deceased? after inflicting wounds with axes near the pial of Rasool Saheb's house at about 6 a. m. on the 8th Dai, 1359 F. , while the said Lakshmareddy was going to his field. This incident was witnessed by four persons, viz. , Malkappa (Malkanna) P. W. 4, Papayya (Pagagonda) P. W. 6, Keshanna (Keshgonda) P. W, 7 and Reyappa P. W. 8, who it is alleged reported the incident to Gundareddy, P. W. 2, the brother of the deceased Lakshmareddy, who in his turn reported the incident at about 7 a. m. to the Police Patel of the village, Lakshmareddy, P. W. 1. The said Lakshmareddy, P. W. 1, made a report to Sub-Inspector in charge of the Station House, Madnoor, who issued the F. I. R. , Ex. 1, with which is attached the original report. On receipt of the said report, at 11 a. m. the Sub Inspector of Police Md. Abdul Ghafar, P. W. 9 went to the spot made a Panchanama of the dead body, Ex. 16, and sent the body for post-mortem examination to the Civil Surgeon of Bidar who issued the post-mortem report Ex. 17. 13 out of the 16 accused who were alleged to have taken part in the commission of the crime were arrested on the same day and as a result of the information furnished by them axes were re-s covered through Panchanamas Exs. 3 to 13. After the investigation was completed a chargen sheet was filed before the Magistrate, Bidar, for offences under Sections 243 and 124 of the Hyderabad Penal Code (corresponding to Sections 302 and 148, Indian Penal Code) on the 14th Bahman, 1359 F.

(3.) AFTER the preliminary enquiry under the Hyderabad Criminal P. C. the case was committed to the Addl. Sessions Judge, Bidar on 23. 2. 50. After that the trial was commenced first by Nawab Ahmed Khan, who recorded the evidence of 8 witnesses from 3. 2. 50 and then after his transfer Gaziuddin Ahmed the succeeding Addl. Sessions Judge recorded the evidence of 7 witnesses afresh but was transferred before the conclusion of the case. In view of the application of the Indian Criminal P. C. from 1. 4. 51 the Sessions Judge who convicted the accused, conducted the trial under the Indian Criminal P. C. from 6. 7. 51 with the aid of the assessors. The previous statements of some of the witnesses recorded by the Sessions Judge who could not complete the trial before his transfer, became available to the defence for being utilised in the manner provided for in Section 145 of the Indian Evidence Act for the purposes of discrediting some of the material prosecution witnesses the effect of which will be noticed at the appropriate time hereafter in discussing the evidence.