D. VENKATARATNAM Vs. SATE OF A. P.

JUDGEMENT

(1.) These two criminal revision cases filed under Ss. 397 and 401 Cr. P.C. are from the same individual and as against the same individual and both pertain to the same case and therefore, they are considered together and are to be disposed of together.

(2.) Crime No. 33 of 2010 of R.A. Valasa Police Station was investigated into by the Sub-Divisional Police Officer, Palakonda and after completion of the investigation, the police report under Sec. 173 Cr. P.C. was filed before learned Judicial First Class Magistrate, Rajam. The police report discloses 37 individuals as A.1 to A.37 committed the offences alleged. It enlisted 55 witnesses. The investigative outcome is that Kagitapalli Village is in Parampeta Panchayat. A.2 is Sarpanch of the village. A.1 is her husband and he was the former Sarpanch. In this village there were groups among some political parties and there were disputes among them. There were also disputes between one political party as against the other political party. There were cases and counter cases in the earlier periods. Since certain allegations came up as against Sarpanch and others about misuse of funds, once again the controversies between groups erupted. It was in that context, the allegations are that all the 37 accused conspired and attacked the opposite group consisting of people belonging to scheduled caste. Some of the accused were holding dangerous deadly weapons and some of the accused were holding stones in their hands. In the attack two persons died and several persons sustained injuries and some of the accused also sustained injuries. Narrating those facts in detail along with the case diaries and other documents and material objects the police report was filed alleging the following offences:

(3.) On 27/11/2010 the learned Judicial First Class Magistrate verified the entire record and appraised himself of all the facts and passed the following order: