SURAM NAGESWARA REDDY Vs. STATE OF A P

JUDGEMENT

(1.) A1, A2, A3, A6 and A12 in S.C. No. 126/93 on the file of Additional Sessions Judge, Ongole are the appellants. The learned Judge on appreciation of the evidence of PW1 to PW14, Exs.P1 to P10, Exs.Dl to D12 and M.Os.1 to 4 recorded acquittal as against A4, A5, A7 to A11, but convicted the appellants under Sections 148 and 326 IPC and sentenced them accordingly. Hence the criminal appeal.

(2.) Accused 1 to 12 were charged with Sections 148 and 302 IPC. The case of the prosecution is that A2 to A12 are the henchmen of A1 and A1 is the main accused in Cr.No.75/90 for the offence under Sections 147, 148, 324, 302 read with Section 149 IPC of Ongole Taluq P.S. and the deceased Kandukuri Venkateswarlu is the main witness. It is also the case of the prosecution that the said Kandukuri Venkateswarlu, hereinafter referred to as "deceased" used to challenge that he will see the accused in Cr.No.75/90 be convicted. A1 and his associates A2 to A12 threatened him and the witnesses. The wife of the deceased also had sent a petition to the District Collector and other Officers for protection. In view of the same the accused hatched up a plan to do away with the life of the deceased. The accused formed themselves into an unlawful assembly armed with deadly weapons, axes, spears etc., attacked the deceased who was lying on cot in front of his house at about 8.45 p.m., on 25.11.1991 in pursuance of their common object A1 beat the deceased on his left jaw, left portion of the heard, left ear with axe; A2 axed the deceased on his left hand; A3 and A4 beat the deceased with the axe on his left and right hands; A5 beat the deceased with axe on his waist; A6 and A7 beat the deceased with axe on his left hand shoulder and left hand; A8 beat the deceased with an axe on his chest. A-9 beat the deceased with an axe on his back; A10 speared the deceased on his thighs; A-11 beat the deceased with axe on his right hand; A12 beat on the neck of the deceased with axe. The witnesses shifted the deceased to the Government Hospital, Ongole where he was declared dead. On receipt of the intimation from the Government Hospital, the Sub-Inspector of Police, Ongole Taluq Police Station visited Government Hospital and recorded the statement of Kandukuri Somaiah, brother of the deceased and registered a case in Cr.No.187/91 under Sections 147, 148, 302 read with Section 149 IPC. During the course of investigation, the Sub-Inspector of Police visited the scene of offence, prepared observation report in the presence of mediators and seized blood stained and controlled earth and also finger of the deceased under the cover of mediators report. Inquest was held over the body of the deceased and the body was sent to post-mortem examination. The case was taken on file under Sections 148 and 302 IPC by the III Additional Judicial First Class Magistrate, Ongole as PRC No. 11/92 and the same was committed to the Court of Session which was made over to the Additional Sessions Judge, Ongole.

(3.) The prosecution examined as many as 14 witnesses and Exs.P1 to P10 and M.Os.1 to 4 were marked. As already referred to supra, on appreciation of evidence, the learned Judge recorded acquittal so far as it relates to A4, A5, A7 to A11 are concerned and convicted A1 to A3, A6 and A12 under Section 148 IPC and sentenced them to rigorous imprisonment for three years and A2 and A12 were further convicted for an offence under Section 326 IPC to suffer rigorous imprisonment for 10 years and also to pay a fine of Rs. 1,000/- each, in default to suffer simple imprisonment for 3 months and both the sentences as against A2 to A12 were directed to run concurrently.