KRISHNAREDDIGARI SASHIKUMAR REDDY Vs. STATE OF A P

JUDGEMENT

(1.) This appeal is directed against the judgment, dated 6-8-2001, in S.C No. 39/1999 on the file of Additional Sessions Judge, Hindupur. By the impugned judgment the learned Sessions Judge convicted the accused and sentenced A-l, A-3 to A-14, A-16, A-21 to A-23 to suffer imprisonment for life under Section 302 IPC read with Section 149 IPC, rigorous imprisonment for three years with a fine of Rs. 500 / - each in default of payment of which to undergo simple imprisonment for three months under Section 452 IPC, to suffer rigorous imprisonment for three years with a fine of Rs. 500/- each in default of payment of which to suffer simple imprisonment for three months under Section 435 IPC, to suffer rigorous imprisonment for three months each under Section 427 IPC. The learned Sessions Judge also sentenced A-l, A-5, A-6, A-10 and A-21 to suffer rigorous imprisonment for three months under Section 324 IPC. A-l and A-12 to suffer rigorous imprisonment for three years with a fine of Rs. 500/- each in default of payment of which to suffer simple imprisonment for three months under Section 326 IPC. The learned Sessions Judge sentenced A-2 to undergo imprisonment for life under Section 302 read with Section 149 IPC, to suffer rigorous imprisonment for three years with a fine of Rs. 500/- in default of payment of which to suffer simple imprisonment for three months under Section 452 IPC, to suffer rigorous imprisonment for three years with a fine of Rs. 500/- in default of payment of which to suffer simple imprisonment for three months under Section 435 IPC, and to suffer rigorous imprisonment for three months under Section 427 IPC. All the substantive sentences are directed to run concurrently.

(2.) The substance of the charges against the accused was that on 10-12-1997, they formed themselves into an unlawful assembly and in furtherance of their common object, trespassed into the house of R. Sanjeeva Reddy (D-1) and R. Narsimha Reddy (D-2), and caused their death.

(3.) The case of the Prosecution is briefly stated as follows. P.W. 1 is the wife, P.W. 2 is the daughter and P.W. 4 is the elder brother of D-l. P.W. 3 is the daughter-in-law and P.W. 5 is the daughter of P.W. 4. P.W. 6 is the daughter and P.W. 7 is the son of D-2. The accused, deceased and material Prosecution witnesses belong to Sasanakota village. There was political rivalry between Narasimha Reddy (Village Administrative Officer) who belonged to the Congress Party and Narasimha Reddy @ Appaiah who belonged to the Telugu Desam Party. The accused in the present case are followers of Appaiah. On 10-12-1997, P.Ws. 4,5 and the son of D-l were sleeping in the ground floor of their house, while P.Ws. 1 to 3 and D-l along with his another son Manjunatha Reddy were sleeping in the first floor of the house. At about 2.30 a.m. they heard some "galata". They woke up and saw A-1 to A-9, A-14 to A-1 and A-22 to A-24 trespassing into the house by breaking open the doors. They dragged D-l into the hall. A-l, A-2, A-6, A-4 hacked the deceased. A-l drenched a banian cloth in kerosene, lit it and threw it on D-1. D-l died instantaneously. The accused damaged the household articles and burnt the motorbike of D-l.