SIYADRI DEMULLU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal by A-1 to A-4 is from the judgment of the learned III Additional Sessions Judge, Visakhapatnam in S.C.No. 11 of 1992 convicting and sentencing A-1 to suffer imprisonment for life for the offence punishable under Section 302 of the Indian Penal Code and also to undergo Rigorous Imprisonment for one year for the offence punishable under Section 324 I.P.C, A-2 to suffer R.I. for one year for the offence punishable under Section 324 IPC and also to suffer R.I for three months for the offence punishable under Sec. 323 IPC and A-3 and A-4 to suffer R.I for one year each for the offence punishable under Section 324 IPC.

(2.) The allegation against the accused is that on 6-2-1991 at about 12 noon near the agricultural fields of A-1 situated in Kunchangi Village, they are alleged to have caused the death of one Siyadri Chinni Naidu and also inflicted injuries on Siyadri Lakshmi (P.W.I) the wife of the deceased.

(3.) The case of the prosecution is that A-1 and A-2 are the elder and younger brothers of the deceased. A-3 is the wife of A-1 and A-4 is the wife of A-2. Fifteen years prior to the date of the incident an oral partition took place between the brothers. The property was divided into five shares. A-l, A-2, the deceased and their elder brother Narayanarao and their sister Gangathalli got each one share. Eight years after the partition Narayanarao died and after the death of Narayanarao his wife Chellayamma was living with her parents at Govada village, to which place Narayanarao and Chellayamma shifted after partition of the lands. After the death of Narayanarao his share was being cultivated by A-l. There were differences between Chellayamma and A-l. Chellayamma got a mediation conducted calling upon A-1 to give up the possession of her land. In the mediation, Chellayamma paid Rs. 2,000/- to A-1 which amount was said to have been given to her husband Narayanarao and A-1 gave possession of the land to Chellayamma. Thereafter, Chellayamma gave possession of her land to the deceased and the deceased was cultivating the same by the date of the incident. The deceased has raised chilli crop in that land. There is a well belonging to all the brothers adjacent to the land of A-1. A-1 also raised chilli crop in his land. The lands of all the accused and deceased were adjacent to each other. On the date of occurrence i.e., 6-2-1991 at about 9 A.M. deceased and his wife P.W.1 went to the field for the purpose of taking water along the bode and it is stated that the deceased was removing earth from the bode. A-2 came there at about 11.30 A.M. and questioned the deceased as to why he has removed the earth for which the deceased replied that what should be done without removing the earth. In the meanwhile A-1 and A-3 also came there. A-4 was also present. Then A-1 also questioned him for which the deceased is alleged to have stated that there was no necessity for him to give the same reply as he had already replied to A-2. Then A-2 and A-4 started abusing. P.W.1 took exception to the abuses byA-4. Then A-2 caught hold of the neck of the deceased and throw him into the chilli garden. After he fell down A-2 sat over him, then A-4 took a boriga (instrument used for cutting grass) which was in the hands of the deceased and gave it to A-2. A-2 beat the deceased with that boriga on the head and right side of the cheek. A-1 picked up a stone which was nearby and hit with that stone on the head'of the deceased. A-3 also threw some stones on thedeceased. Then A-1 threw a stone on P.W.1 which hit her on the right temple region. When P.W.1 was sprinkiling water on the face of the deceased, A-2 with a handle portion of the boriga beat on the left side of her chest. Deceased opened his eyes and made some movement. The A-2 told A-1 that to deceased is likely to get up and so saying A-1 picked up a stone and hit on the chest portion of the deceased. Then A-1, A-2 and A-4 are alleged to have dragged P.W.1 to some distance. Meanwhile P.W.5 happened to come there and on seeing him the accused left her. When P.W.5 questioned their conduct, A-1, A-2 and A-4 are alleged to have warned P.W.5. Being afraid P.W.5 left the place. When P.W.1 was weeping, P.Ws. 3 and 4 came there. She kept P.W.4 near the deceased and she went along with P.W.3 to the village to fetch a bullock cart to take the deceased to the hospital. On the way she met P.W.2 and she told him as to what had happened. P.W.5 Gutala Tatababu brought a bullock cart. P.W.1 with the assistance of P.Ws. 2 to 4 shifted the deceased into the bullock cart and he was taken to the Government hospital. Anakapalli which is at a distance of 15 kms. They reached the Hospital at 3.30 p.m. and at 4.30 p.m. the deceased died in the hospital.