DOWLURI KRISHNA Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal Appeal, under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C.") by the appellants/ A-2 to A-5 and A-10 is directed against the judgment, dated 23.01.2009, in Sessions Case No.185 of 2007 on the file of the VI Additional District and Sessions Judge, (Fast Track Court), Markapur whereunder and whereby, A-1 against whom case is abated and A-2 and A-10 were found guilty of the offence punishable under Section 302 of the Indian Penal Code, 1860 (for short, "I.P.C."), A-3 to A-5 of the offence punishable under Section 302 r/w 149 I.P.C; A-2 to A-5 and A-10 (along with A-1 against whom case is abated) of the offences punishable under Sections 147 and 148 I.P.C.; A-2 to A-5 (along with A-1 against whom case is abated) of the offence punishable under Section 452 I.P.C., and A-2 of the offence punishable under Section 324 I.P.C. and accordingly, sentenced A-2 and A-10 to suffer imprisonment for life and to pay a fine of L 500/- each for the offence under Section 302 I.P.C; A-3 to A-5 to suffer life imprisonment and to pay a fine of L 500/- each, in default of payment of fine, to suffer rigorous imprisonment for six months for the offence under Section 302 r/w 149 I.P.C.; A-2 to A-5 and A-10 to suffer rigorous imprisonment for one year for the offence under Section 148 I.P.C; A-2 to A- 5 to suffer rigorous imprisonment for one year and to pay a fine of L 500/- each in default, to suffer simple imprisonment for two months for the offence under Section 452 I.P.C., and A-2 to suffer simple imprisonment for one year for the offence under Section 324 I.P.C.

(2.) Case of the prosecution is as follows: Cumbum Village, Prakasam District is ridden with factions. All the accused and the material prosecution witnesses belong to the said village. The dispute between them was with regard to running of Lorry Owners' Association Office. A-1 to A-3, A-5 to A-7, A-9, A-10 and A-12 own six tyre lor- ries. A-4 and A-8 are Cleaners and A-11 is associate of A-1. In the year 1993, there arose a dispute between A-1 and one Parsa Kasaiah, who is brother of P.W.1 doing business by himself. A-1 and three others killed him on 07.11.1993. In retaliation, P.Veerabhadrudu (hereinafter referred to as 'the deceased'), who is the brother of P.W.1, killed three persons by driving lorry over them on 31.08.1994. Later, no incident happened for about ten years. Elders pacified both the parties and saw that no untoward incident would happen. While so, about three months prior to the incident, which took place on 09.07.2004, the deceased came out of six tyre lorry association office and started ten wheel lorry association office by himself infront of Star Theatre and was doing business. This was resented by A-1. On 09.07.2004, at about 1.20 p.m., A-1 to A-11 formed themselves into an unlawful assembly armed with knives and went in a lorry bearing No.AEG 459, stopped it infront of the office of the deceased. They entered into the office of the deceased where P.Ws.1 to 3 and others were also present and when A-6 and A-7 caught the deceased tightly, A-2 to A-5 stabbed him with knives on the chest, left eyebrow, right shoulder, below chin and left elbow respectively. The body of the deceased was bleeding. When A-1 raised knife, P.W.2 stretched his hand and received an injury. When A-2 raised knife, P.W.2 intervened and received an injury on left thumb. Then, when P.Ws.1, 3 and another tried to protect the deceased, they were beaten with hands and legs. Meanwhile, the deceased escaped, went out of his office and ran towards Star theatre. All the accused chased and made him to fall on B.T. Road. A-1 picked up a big stone from a stone heap at that place and beat the deceased on the face followed by A-2 and A- 10, who picked up the same stone and beat him on the face. When P.W.1 stretched his hands, the stone fell on the hands and caused injuries. When the witnesses tried to rescue the deceased, the accused threatened them with dire consequences. A-12, who was at the scene, also threatened them. After the offence, A-1 to A-11 boarded the same lorry and went away. A- 12 also went away.

(3.) The trial Court framed the following charges against the accused: