RAYIPALLI PARAMESU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) A-5 to A-8, A-11 and A-12 are the appellants in Criminal Appeal No. 658 of 1992 and A-1 to A-4 and A-9 and A-10 are the appellants in Criminal Appeal No. 747 of 1992. All the accused were tried by the Additional Sessions Judge, Vizianagaram, for offences punishable under sections 147, 148, 302 and 302 r./w. 149, I.P.C. and ultimately A-1, A-2 and A-3 were convicted for the offence under S. 148, I.P.C. and each of them was sentenced to undergo rigorous imprisonment for one year; A-4, A-5, A-6, A-7, A-8, A-9, A-10, A-11 and A-12 were convicted for the offence under S. 147, I.P.C. and each of them was sentenced to undergo rigorous imprisonment for six months; A-1, A-2 and A-3 were convicted for the offence under S. 302, I.P.C. and A-4, A-5, A-6, A-7, A-8, A-9, A-10, A-11 and A-12 were convicted for the offence under S. 302, r/w. 149, I.P.C. and A-1 to A-3 and A-4 to A-12 were sentenced to undergo imprisonment for life. All the sentences were directed to run concurrently.

(2.) The case of the prosecution, in brief, is as follows :- One Ganta China Veerayya, hereinafter referred to as the 'deceased', is a resident of Chinna Buddidi village and was working as village watchman of Pedda Buddidi. P.W. 2 is the wife of the deceased. A-1 to A-10 were the employees working under the arrack contractors of Parvatipuram. A-11 to A-12 were working as Excise Constables at Parvatipuram. A-1 is said to be the leader of the raid party, and A-2 to A-10 were working under him to detect the illicit arrack distillation. The accused suspected that the victim was aware of the illicit distillation of arrack. On 2-5-1991 all the accused were searching for the illicit distillation of arrack in the outskirts of Pedda Buddidi. At about 10.00 a.m. the deceased accompanied by his wife and their young child reached the outskirts of Peda Buddidi from China Buddidi on a foot-path. By the time they reached 'Devudu Manyam' near Nagavali main canal, the accused demanded the deceased to disclose the places where the illicit distillation of arrack was being done. The deceased answered that he did not know anything. All the accused formed themselves into an unlawful assembly with the common object of murdering the deceased. In pursuance of their common object, A-11 and A-12 kicked the victim-deceased with shoes and A-1, A-2 and A-3 threw the deceased on the ground and pressed him with stout sticks. A-4 to A-10 kicked and fisted the victim. The victim died instantaneously. The accused carried the dead body of the deceased and threw it in the nearby fields of P.W. 3. P.W. 1 went to Parvatipuram Taluk Police Station and gave a statement, Ex. P.19, which was recorded by P.W. 18 at about 5.00 p.m. on 2-5-1991. P.W. 18 registered the same as a case in Crime No. 51-91 and sent the F.I.R., which is marked as Ex. P.20, along with Ex. P.19 to the Addl. Judicial First Class Magistrate, Parvatipuram. P.W. 19 Inspector of Police, Parvatipuram, who received the express F.I.R. in Crime No. 51/91, took up investigation and examined P.W. 1 and recorded his statement Ex. P.1 under S. 161(3), Cr.P.C. On 2-5-1991 he reached Peda Buddidi at 7.30 p.m. and examined P.Ws. 2 and 3 and another, between 8.00 and 9.00 p.m. On 3-5-1991 he visited the scene of offence and prepared a rough sketch of the scene of offence, Ex. P.21, and also got Exs. P.15 to P.17 photoes taken by P.W. 15. He held inquest over the dead body of the deceased in the presence of the Panchayatdars including P.Ws. 8 and 14. He examined P.Ws. 1 to 4 at the inquest. He also seized M.Os. 1 to 3 during inquest under Ex. P.7 inquest report. Thereafter, he sent the dead body of the deceased to the Government hospital for postmortem examination. P.W. 16 Civil Assistant Surgeon, Government Hospital, Parvatipuram conducted postmortem examination over the dead body of the deceased from 3.00 p.m. to 5.00 p.m. on 3-5-1991 and found huge contusion over right side of neck extending from lower jaw down to collar bone up to supra sternal notch, one contusion over the upper portion of right buttock, and one contusion over the upper portion of left buttock. The doctor opined that all the injuries are ante-mortem in nature and all injuries could have been caused by blunt objects and injury No. 1 is fatal in nature. The doctor also pointed that the deceased would appear to have died of asphyxia due to compression over neck, and that injury No. 1 is sufficient to cause the death in the ordinary course of nature. According to the doctor injuries 1, 2 and 3 could be caused with sticks, hands and legs. Ex. P.18 is the postmortem examination certificate issued by the doctor. P.W. 19 the Inspector of Police arrested A-1, A-4, A-7, A-8, A-9, A-10, A-5, A-3, A-6 and A-12 3-5-1991. After completion of investigation into the case, charge sheet was filed.

(3.) In support of the case of the prosecution, P.Ws. 1 to 19 were examined and Exs. P.1 to P.25 and M.Os. 1 to 3 were marked. After the closure of the evidence for the prosecution, the accused were examined under S. 313, Cr.P.C. The plea of the accused in one of total denial. A-11 pleaded alibi and in support of his plea of alibi he got D.W. 1 examined and Exs. D.1 to D.3 marked.