BOLLAPU RAJASEKHARA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) As many as 33 accused persons were tried by the II Additional Sessions Judge, Kurnool, in Sessions Case No.90 of 1990, on his file, for 12 charges, viz., charges under Sections 148,448,428 r/w Section 149,341 r/w Section 149, and under Section 307 r/w Sec.149 of the Indian Penal Code under two counts against A-1 to A-33; charge under Section 302 of the Indian Penal Code against A-1 A-2, A-4 and A-7; charge under Section302 r/w Sec.149 of the Indian Penal Code against A-3, A-5, A-6 and A-8 to A-33; charges under Section 25(l-B)(a) of the Indian Arms Act, Section 27 of the Arms Act and Section 307 of the Indian Penal Code against A-1 and a charge under Section 307 r/w Sec.149 IPC against A-2 to A-33 and the learned Additional Sessions Judge, by his judgment dated 27th November, 1991 convicted A-1, A-2, A-4 and A-7 of the charge under Section 302 of the Indian Penal Code and sentenced each of them to suffer imprisonment for life. The learned Additional Sessions Judge, however, acquitted all the accused of all the remaining charges. Having been aggrieved by their conviction for the charge under Section 302 I.P.C. and the sentence of imprisonment for life, A-1, A-2, A-4 and A-7 have preferred this appeal.

(2.) The case of the prosecution is briefly as follows:- There are misunderstandings between the group led by Bollapu Narayana Reddy (A-25) on one hand and the group led by Pedda Hussain Reddy, who will hereinafter be referred to as the "deceased ", on the other. In the Gram Panchayat elections A-25 supported Bandi Sundaram and he was elected as Sarpanch. On 24-3-1988 there was a dispute at the borewell in which Thimma Reddy and others attacked A-1 and others. These two are the circumstances that are sought to be taken by the prosecution to show that there was prior enmity between the two groups led by A-25 and Pedda Hussain Reddy (the deceased).

(3.) On 18-4-1988, as per the prosecution case, at about 4-30 P.M. A-1 to A-33 formed themselves into members of an unlawful assembly armed with hunting sickles, daggers and gun with a common object of killing the deceased Pedda Hussain Reddi. A-1 was armed with a hunting sickle and gun, A-2 was armed with a hunting sickle, A-4 was armed with a knife and A-7 was armed with a dagger and the other accused also were armed with deadly weapons. The accused found the deceased talking with Bala Venkata Reddy (P.W.3) in front of the latter's house. All the accused went there and A-1 cut the deceased with a hunting sickle on the neck, A-2 cut the deceased with a hunting sickle on his head, A-7 stabbed the deceased with a dagger on his back and A-4 caused injury on his throat with a knife as a result of which the deceased Pedda Hussain Reddi died. All this incident was observed by P.Ws.l and 2 and two others who were sitting at Dubbala Chavidi and talking at about 4-30 P.M., which is at a distance of 10 yards from the pial of the house of P.W.3. In the course of the same transaction, all the accused went to the house of Maran Chandrasekhara Reddy (P.W.4) with an intention to kill him. On seeing the accused, P.W.4 and Ramireddy hid in the house. The accused cut the throat of a sheep which was in front of the house of P.W.4. All the accused broke the door and removed the roof in three places in order to kill them. In the course of the same transaction, all the accused went upon Nagi Reddi (P.W.6) to attack him, and P.W.6 got over the roof. A-1, who was in possession of an unlicensed gun, fired at P.W.6 with an intention to kill him and P.W.6 sustained grievous injury. At about 6-30 P.M. the S.I. of Police and constables came to the village in a jeep and P.W.1 presented a written report to the S.I. of Police, which is marked as Ex.P-1, which was registered in Crime No.17/88 and Ex.P-5 is the F.I.R. sent to court. P.W.13 the S.I. of Policeconducted inquest over thedead body of the deceased on 19-4-1988 in the presence of the panchayatdars. After the inquest, the dead body of the deceased was sent to Koilakuntla hospital for postmortem examination. P.W.10 Deputy Civil Surgeon, Government Hospital, Koilakuntla conducted postmortem examination over the dead body of the deceased and found six external injuries. According to him the cause of death is due to haemorrhage and shock and he issued the postmortem examination certificate Ex.P-15. He also stated that all the injuries found on the deceased are cumulatively sufficient in the ordinary course of nature to cause the death. After completion of investigation into the case, the charge-sheet was filed.