MUDDANA GOUD Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Since both these appeals arise out of the judgment dt.09-07-2008 rendered in S.C.No.346 of 2007 on the file of II Additional Sessions Judge, Kurnool at Adoni, they are being disposed of by this common judgment.

(2.) Crl.A.No.1012 of 2008 is preferred challenging the conviction of the appellants - A-1 to A-3 of the offence punishable under Section 302 IPC and sentence of life imprisonment and to pay a fine of Rs.2,000/- each, in default, to suffer further imprisonment for a period of six months each; and conviction of A-1 to A-7 of the offence punishable under Section 148 IPC and sentence of rigorous imprisonment for a period of six months each; and conviction of A-4 to A-7 of the offence punishable under Section 302 read with Section 149 IPC and sentence of imprisonment for life and to pay a fine of Rs.2,000/- each and in default to undergo further imprisonment for six months each, and conviction of A-4 to A-6 of the offence punishable under Section 506 IPC and sentence of rigorous imprisonment for a period of six months rendered in the aforesaid judgment. Whereas, Crl.A.No.475 of 2010 is preferred by the State against the acquittal of the appellants - A-1 to A-10 of the offence punishable under Section 307 IPC and the acquittal of appellants - A-8 to A-10 of the offences punishable under Sections 148, 307, 506 and 302 read with 149 IPC.

(3.) The prosecution case in brief may be stated as follows: On 16-02-2006, at 04:00 p.m. the deceased - Sanjeevaiah along with P.Ws.1 to 3 was proceeding towards Yemmiganur on motorcycle. When they crossed Banavasi Farm, which is half kilometer away from Bodeband village, a jeep came from their behind and hit the motorcycle, as a result, the deceased and P.W.1 fell on the road and P.W.1 received injury on his left hand and left leg knee. Then, all the accused armed with sticks, got down from the jeep and dragged the deceased to the margin of the road and A-1 to A-3 hacked him on his neck, face and left ear. When P.Ws.1 to 3 tried to intervene, A-4 to A-6 threatened P.W.1, and A-7 to A-10 threatened P.Ws.2 and 3 that if they come forward, they would also be killed. Thereafter, all the accused fled away in the jeep. At about 05:00 p.m., when P.Ws.5 to 7 were at Dovabolla bus stop, they saw A-1 to A-3, A-5 and others coming in the jeep from Yemmiganur side by raising cries that they killed the deceased and A-7 was driving the jeep. Meanwhile, P.Ws.1 to 3 shifted the deceased in the auto of P.W.4 to the Government Hospital. P.W.12- Civil Assistant Surgeon, Community Health Centre, Yemmiganur, admitted the patient who was battling for life and started treatment at 05.45 p.m., but within ten minutes i.e. at 05.55 p.m., the deceased - Sanjeevaiah died. After his death, P.W.12 intimated the same to the police, Yemmiganur. On 16-02-2006, on receiving Ex.P-1 - report from P.W.1, P.W.14 - Sub Inspector of Police, Yemmiganur Rural Police Station registered as case in Cr. No.21 of 2006 and issued First Information Report (F.I.R.) which is marked as Ex.P-11 and referred P.W.1 to Government Hospital for treatment. On 17-02-2006, he got the scene of offence and the dead body photographed through P.W.13- photographer. P.W.15 - Inspector of Police investigated into the matter and held inquest over the dead body of the deceased in the presence of P.W.9 - the Panchayat Secretary at the relevant point of time of the incident and the same is marked as Ex.P-2. He prepared an observation report and seized case properties viz., M.O.1- motorcycle, M.O.7 - a pair of chappals and M.O.8 - spectacles and other material objects under Ex.P-3 - panchanama. Ex.P-13 is the rough sketch of the scene of offence. On 17-02-2006, on requisition, P.W.12 - Doctor, held autopsy over the dead body of the deceased and opined that the cause of death was due to shock and hemorrhage. Ex.P-10 is the postmortem report. He examined P.W.1 and issued Ex.P-9 - Wound Certificate on the same day. After completion of investigation, P.W.16 filed the charge sheet.