INJETI VENKATA RAMI REDDY Vs. SHAIK CHAND BASHA

JUDGEMENT

(1.) THIS criminal revision case is directed against the order dated 15.2.2013 passed in PRC No.7 of 2013 whereby and where under, the learned Magistrate took cognizance of the offences punishable under Sections 147, 148, 452, 302 and 307 read with 149 IPC against A1 to A19 including the petitioner, who has been arrayed as A3 and whose name has been deleted in the array of the accused while filing charge- sheet in Crime No.21 of 2012 of Allagadda Town P.S.

(2.) FACTS , in brief, are: Injeti Venkata Raghava Reddy @ Raghava Reddy and Injeti Krishna Reddy were staunch followers of Bhuma Nagi Reddy, Ex. Member of Parliament of Nandyal Parliamentary Constituency. Both of them were trying to establish supremacy over the other in the village-Chintakunta. On 24.2.2012 at about 9.30 p.m., Injeti Krishna Reddy (hereinafter referred to as 'D2') was chitchatting with his wife - Govindamma (hereinafter referred to as 'D1'), his son-Injeti Mallikharjuna Reddy (hereinafter referred to as 'D4') and Pakir Nadipi Mabu @ Dubba (hereinafter referred to as 'D3') in his house. A1 to A19 formed into an unlawful assembly, armed with deadly weapons with the common object of doing away the life of D2-Krishna Reddy and his associates. They trespassed into the house of D2 by pushing main gate and attacked D1 to D4 and LW8-Sathugari Rama Subba Reddy. D1 to D4 succumbed to the injuries at the scene of offence. More precisely; A2, A9 and A6 dealt blows on D1-Govindamma; A3, A4, A8, A10, A14 and A15 dealt blows with deadly weapons on D2-Krishna Reddy; A1, A6, A16 dealt blows with deadly weapons on D3-Pakkir Nadipi Mabu @ Dubba; A4, A7, A10, All, A12, A13, A17, A18 dealt blows on D4-Mallikharjuna Reddy, and A2, A3 and A19 dealt blows with deadly weapons on LWS-Sathugari Rama Subba Reddy and caused bleeding injuries to him. Apart from the injured, LW1- Shaik Chand Basha, LW2-Ketireddy Jaya Rami Reddy, LW3-Annem Sunith, LW4- Khammam Naga Sulochana, LW5- Suraboina Sujatha, LW6-Boya Kondaiah and LW7-Madiga Bala Hussaini witnessed the incident. LW1-Shaik Chand Basha presented a report on 25.2.2012 at about 0015 hours before the Station House Officer, Allagadda P.S., who registered a case in Crime No.21 of 2012 for the offences under Sections 147, 148, 452, 302, 307 read with 149 IPC and issued F.I.R. During the course of investigation, A3-Injeti Venkatrami Reddy, A5-Kristipadu Pedda Dasthagiri Reddy @ Dasthagiri Reddy, A7-Kurduru Venkatrami Reddy pleaded alibi. The Sub- Divisional Police Officer, Dhone examined the alibi pleaded by A3, A5 and A7 and accepted the alibi pleaded by A3-Injeti Venkatrami Reddy while rejecting the alibi pleaded by A5-Kristipadu Pedda Dasthagiri Reddy @ Dasthagiri Reddy and A7-Kurduru Venkatrami Reddy. The Superintendent of Police, Kurnool issued orders to delete the name of A3-Injeti Venkatrami Reddy from the array of the accused. For better appreciation, I may refer the text of the proceedings issued by the Superintendent of Police, Kurnool in Rc.No.C1/11520/2012, dated 8.8.2012 and it is thus:

(3.) HEARD Sri T. Pradyumna Kumar Reddy, learned Counsel appearing for the petitioner and learned Additional Public Prosecutor appearing for the 2nd respondent- State.