LAWS(APH)-1962-7-21

VUYYURI RATNA REDDI Vs. STATE

Decided On July 26, 1962
IN RE: VUYYURI RATNA REDDI Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) In Sessions Case No. 11 of 1961 on the file of the Court of Session, Guntur Division, four persons by names V. China Venkata Reddy, V. Peda Venkata Reddy, V. Ratna Reddy and G. Ayyapa Reddy (hereinafter referred to as A-l, A-2, A-3 and A-4 respectively) were fried by the Additional Sessions Judge on the following charges:-- (1) A-l A-2 and A-3 under Section 302 read with Section 34 I. P. C. for having, conjointly and in furtherance of their common intention, caused the death of one B. Sambi Reddy (who will be referred to as the deceased) on 2/11/1960 at about 3 p.m. near the Nambur Feeder Road by chafing him upto a distance of about 160 yards when ho jumped off the bus in which he was traveling and ran for his life, and hacking him down with deadly weapons; (2) A-2 under Section 307 I. P. C. for having in the course of the same transaction attempted to commit the murder of P. W. 2 (T. Krishna Reddy) by attacking him first with a knife and then with an axe in the bus in which be was travelling along with the deceased; (3) A-4 under Section 307, I. P. C. for having in the course of the same transaction attempted lo murder P. W. 2 by attacking him with an axe; (4) A-2 under Section 324 I. P. C. for having in the course of the same transaction caused simple bun to P. W. 1 (T. Sambi Reddy) who was also travelling in the same bus, by stabbing him on his neck with a knife; and (5) A-4 under Section 302 read with Section 109 I. P. C. for having in the course of the same transaction aided and abetted A-l, A-2 and A-3 in the commission of the murder of the deceased by means of various acts, namely by accompanying A-1 to A-3 and getting into the bus in which the deceased and P. Ws. 1 and 2 were travelling; and by attacking P. W. 2 and preventing him going to the rescue of the deceased.

(2.) It may be mentioned here that the charges were not accurately or artistically framed; in particular, on the averments in charge No. 5, A-4 could well have been charged under Section 302 read with Section 34 I. P. C. along with A-l to A-3. That, however, is of little consequence in this case.

(3.) The learned Additional Sessions Judge acquitted A-l and A-2 completely of all the charges. He convicted A-3 alone under charge No. 1 -for an offence under Section 302 read with Section 34 I. P. C. and sentenced him to imprisonment for life. He convicted A-4 on charge No. 5 for having abetted the murder and sentenced him also to suffer imprisonment for life. A-4, was however, acquitted of charge No. 3 for having attempted to murder P. W. 2.