SHAIK ANWAR BASHA Vs. STATE OF A P

JUDGEMENT

(1.) Accused (A-1) in S.C.No. 614 of 1997 on the file of the IV Addl. Sessions Judge, Kurnool, preferred the present appeal, aggrieved by the conviction and sentence imposed on him for the offence punishable under Section 325 IPC.

(2.) The case of the prosecution is that the deceased in this case by name Shaik Karimulla P.W.1-Shakeel Ahamed, P.W. 4- Ahmed Ameer and P.W. 5 Basheer Ahmed being the students of College at Kurnool are close associates and friends, whereas A-1 in this case also was a student of B.A., final year in Osmania College, Kurnool, residing at door No. 5/62-B, Dr. Gaffar Street, I Town, Kurnool. During the year 1997, P.W.5- Basheer Ahamed having appeared for intermediate final examinations, failed in the said course, whereby A-1 Sk.Anwar Basha met the father of P.W. 5 by name Syed Buranuddin Ahamad of Hajarath Jee Nagar, Kurnool and informed him that his son P.W. 5 failed in Intermediate due to his moving in bad company of P.W. 1 and others who are rowdy elements and advised him to keep his son away to the said persons. Thereupon, the father of P.W. 5 told the information to him and chastised for his moving with bad elements. P.W. 5 in tune stated this information to his friends-P.Ws.1, 4 and the deceased Karimulla. Being enraged by this, on 13-09-1997 evening, P.Ws.1, 4 and the deceased Karimulla caught A-1 when he was present at Hazarath Jee Nagar, Kurnool and questioned him about his bad propoganda with the father of P.W. 5 and at that juncture P.W. 1 and the deceased- Karimulla beat A-1 with hands and warned him. This is clear from the unchallenged evidence of P.Ws. 4 and 5.

(3.) While so, it is the case of the prosecution that A-1 being enraged by the assault committed by the deceased and P.W.1, gathered A-2 to A-8 with an intention to beat the deceased and P.W.1, went in two autorickshaws towards Balaji Nagar, Kurnool on 14-09-1997 and found the deceased Karimulla and P.W. 1 present at a distance of 20 ft. to Lavanya Kirana Shop, belonging to P.W. 3 at about 6.15 p.m. and after getting down from the autos, they encircled both the deceased and P.W. 1. P.W. 1 having apprehended danger in the hands of the accused, some how escaped and ran away from the scene of offence, whereas all the accused began to beat the deceased Karimulla with hands and legs as witnessed by P.Ws. 2, 3 and 9. The accused having beaten the deceased indiscriminately with hands and legs, left the place whereby the deceased fell unconscious on the road. Thereafter P.Ws. 2 and 9 took the injured-Karimulla to Govt. General Hospital, Kurnool and admitted him. While undergoing treatment Karimulla died because of the multiple injuries, at about 8.30 p.m. on the same day, i.e., on 14-09-1997 in Government General Hospital, Kurnool, and that the investigation conducted by the Inspector of Police, Taluk Circle disclosed that all the accused have committed offence under Sections 147, 302 read with 149 IPC.