K SURESH NAIDU Vs. STATE OF A P

JUDGEMENT

(1.) A-2, A-3, A-4 and A-6 in Sessions Case No. 181 of 1998 on the file of the Assistant Sessions Judge, Srikalahasti, aggrieved by the conviction and sentence imposed on 4/9/1998 against them had preferred the present criminal appeal.

(2.) The Sub-Inspector of Police, Varadaiahpalem Police Station laid the charge sheet against A-1 to A-6 under Ss. 147, 148, 342, 307, 355 read with Sec. 149 IPC in Crime No. 73 of 1997.

(3.) The version of the prosecution in nutshell is that the accused and the defacto complainant - P.W.1 belong to Yanadivettu village of Varadaiahpalem Mandal. On 30/5/1997 at about 4.30 p.m., while P.W.1 was standing on the road margin in Yanadivettu village, A-1 to A-6 with a common intention, surrounded him, A-4 beat him with a stone near his right eye and caused injury. When P.W.1 questioned about his highhanded act, A-4 threatened him that if he is not going to repay the debt of A-4, he would not only beat him but will also hang him. Then A-4, A-1, A-2 and A-6 tied a rope around the throat of P.W.1 and dragged him to a nearby ragi tree and tied him to the ragi tree and attempted to kill him. Then, under the impression that if P.W.1 was tied to nearby well, it will be clearly visible to all, and thereupon again they dragged P.W.1 to a nearby well and tied him again to the piller of the well. A-4 beat him with his cheppal and kicked him with leg. Again, accused dragged him with a rope to a nearby Eucalyptus tree situated near the house of A-4. Meanwhile, a jeep was coming on towards Yanadi Vettu, on seeing that jeep under the impression that it was a police jeep all the accused left P.W.1 and ran away. Thereafter, P.W.1 removed the rope around him and went to the house of Chandrabhushanamma-P.W.3. Then, L.Ws 1 to 3 i.e., P.W.1. G. Viswanatha Naidu and P. Chandra bhushan amma respectively went to the Police Station and P.W.1 gave a complaint to the police, which was registered as a case in Crime No.73 of 1997. The Judicial Magistrate of First Class, Satyaveedu, had taken the cognizance of the same as P.R.C.No. 10 of 1997 and committed the case to the Court of Session and the learned Sessions Judge, had made over the same to the learned Assistant Sessions Judge, Srikalahasti, and the learned Judge, recorded the evidence of P.Ws.1 to 11 and marked Exs.P-1 to P.13 and M.Os.1 and 2, and came to the conclusion that the prosecution had proved the guilt of A-2, A-3, A-4 and A-6 and sentenced them and imposed-fine as specified in the judgment but recorded acquittal of A-1 and A-5. Aggrieved by the same, the present appeal had been preferred.