GIRADA NARAYANA Vs. STATE

JUDGEMENT

(1.) The seven appellants (who will be referred to as A-1 to A-7 respectively) were tried by the learned Sessions Judge of Srikakulam on charges of rioting, murder, causing hurt and cognate offences in connection with an incident which took place on 6-7-1961 just after sunset in the village of Madhavarayunipuram. In the course of that incident, a woman called Deesari Appamma, the mother of P. Ws. 1 and 2 in the case, was killed and three others of that family viz., Gangamma, the grandmother of P. Ws. 1 and 2, as well as P. Ws. 2 and 3 sustained simple injuries. P. W. 2 is the younger brother of P. W. 1 and P. W. 3 is P. W. 1s wife.

(2.) As many as eight charges were framed against the accused. The first charge was against all the seven accused under Section 147 I.P.C. for having formed themselves into an unlawful assembly and committed rioting with the common object of causing the death of P. W. 1 and beating up his people. The learned sessions Judge convicted all the seven accused on this count, but did not pass any separate sentence, on the ground mat he was passing a sentence on A-2 to A-7 under Section 302 I.P.C. by the application of Section 149 I.P.C.

(3.) The second charge was under Section 148 I.P.C. against A-1 and A-7 for having committed rioting with the aforesaid common object armed with deadly weapons viz., knives. The learned Judge convicted these two accused under this section and sentenced each of them to suffer six months rigorous imprisonment. While the sentence passed on A-1 on this charge is unexceptionable, the learned Judge, although he referred to a decision of this Court in Boya Hussainappa, In re, 1958 ALT 109, forgot to apply the principle enunciated in that decision to the case of A-7, whom the learned Judge sentenced under Section 302 read with Section 149 I.P.C. The ratio of that decision would apply as much to a sentence under Section 148 I.P.C. as to a sentence under Section 147 I.P.C. because both deal with the offence of rioting -- one with rioting simpliciter and the other with rioting armed with deadly weapons. This, however, will not be of any consequence, in view of the ultimate decision which we shall give in this case.