KURUVA MEKALA ERANNA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment, dated 16-3-2001, in Sessions Case No. 48/1998 on the file of the learned IIIrd Additional Sessions Judge, Kurnool.

(2.) Fifteen accused persons stood charged firstly under S. 148, I.P.C., secondly under S. 302, I.P.C. for causing the murder of R. Sudarshan Reddi (Dl); thirdly A9 stood charged under S. 326, I.P.C. for causing grievous hurt to P.W. 3, fourthly Al to A8 and A10 to A15 under S. 326 read with S. 149, I.P.C. for causing grievous hurt to P.W. 3, fifthly Al to A15 under S. 449, I.P.C., and sixthly Al to A15 stood charged under S. 302, I.P.C. for causing the death of Suryakanta Reddi (D2). Before the commencement of trial, Al died and, therefore, the case against him abated. On appreciation of the evidence, the learned Sessions Judge convicted and sentenced the accused as follows A2 to A15 to suffer rigorous imprisonment for three years under S. 148, I.P.C., A2 to A15 to suffer imprisonment for life and to pay a fine of Rs. 500/- each under S. 302, I.P.C.for causing the murder of Dl, A2 to A15 to suffer rigorous imprisonment for three years and to pay a fine of Rs.500/- each under S. 449, I.P.C., A2 to A15 to suffer imprisonment for life and to pay a fine of Rs. 500/- each under S. 302, I.P.C. for causing the murder of D2, A9 to suffer rigorous imprisonment for three years and to pay a fine of Rs. 500/- under S. 326, I.P.C., A2 to A8 and A10 to A15 to suffer rigorous imprisonment for three years and to pay a fine of Rs. 500/- each under S. 326 read with S. 149, I.P.C. The learned Sessions Judge also directed the accused to suffer simple imprisonment for three months in default of payment Of fine under each count. The sentences were directed to run concurrently.

(3.) The facts in brief leading-to the filing of the appeal may briefly be delineated as follows. The Inspector of Police, Adoni Rural Circle, filed a charge-sheet before the learned Judicial Ist Class Magistrate, Adoni, against fifteen accused persons. The case was taken on file and later committed to the Court of Session. The case of the prosecution is that on 9-7-1998 Al to A15 in furtherance of their common object formed themselves into an unlawful assembly and armed with deadly weapons surrounded D1. Dl ran towards Mahanakalamma Katta in order to escape from their clutches. The accused chased him and caught hold of him at the temple. Al instigated the other accused to kill D1. All the accused hacked him with axes, hunting sickles and "Todakatti" as a result of which he died. Then all the accused ran towards the house of D2, went inside his house, dragged him out o.f the house, hacked him with the weapons indiscriminately, and ran away. P.W. 1, the mother of both the deceased persons, gave a complaint Ex. P1 to the Village Administrative Officer P.W. 6. P.W. 6 sent Ex. P1 along with his own report to P.W. 9 the Sub-Inspector of Police, Isvi Police Station, at about 10 p.m.on 9-7-1997 and registered a case in Crime No. 31/1997. P.W. 8 sent P.W. 3, who was injured in the attack, to hospital for treatment. P.W. 9 informed P.W. 10 the Inspector of Police about the incident. P.W. 10 conducted inquest on 10-7-1997 over the dead bodies of both the deceased. He examined witnesses, seized blood stained clothes, and drew rough sketches of the scenes of occurrence. After the inquest was over, he sent the dead bodies of D1 and D2 to P.Ws. 7 and 8 respectively for post-mortem examination. Both the Doctors opined that the deceased persons died due to the injuries received by them. The accused were arrested on 24-7-1997 and in pursuance of the confessional statements of some of the accused, certain incriminating articles were seized. After completion of investigation, P.W. 10 filed the charge-sheet. Basing on the material available on record the learned Sessions Judge framed six charges as aforesaid. The accused pleaded not guilty. The prosecution in support of its case examined P.Ws. 1 to 10 and marked Exs. P1 to P21, besides material objects M.Os. 1 to 17. On appreciation of the evidence, the learned Sessions Judge by the impugned judgment convicted and sentenced the accused as mentioned above, against which the accused filed the present appeal, questioning the legality and correctness thereof.