MD NIZAMUDDIN Vs. STATE OF A P

JUDGEMENT

(1.) Accused 1 to 3 on the file of Principal Sessions Judge, Ranga Reddy in S C No 171/96 are the appellants A-1 was convicted under Section 304 Part-l IPC and also under Section 324 IPC A-2 and A-3 were convicted under Section 324 IPC A-1 to A-8 in general were found to be not guilty of other charges and also the A-4 to A-8 were held to be not guilty of other charges and acquittal had been recorded. Episode of the Prosecution in brief:

(2.) The case of the prosecution is that A-1, A-2, A-3 and A-7 are the sons of A-8, A-4 is the son of A-7, A-5 and A-6 are the sons of Khamruddin and grand sons of A-8. A-1 to A-3 and A-8 live jointly. P. W. 1 and P.W.2 are husband and wife. P.W.3 Maschender, P.W.14 Prabhu and the deceased Narsimulu are their sons. P. W. 11 Rajamani is the wife of P.W.3. P.W.7 Dasaratham and P.W.10 Anjaiah are brothers of P.W.1 and P.W.8 Srinivas is the son of P.W.7 Dasaratham. P.W.1 along with his wife (P.W.2), his sons P.W.3 and P.W.14 and his daughter-in-law P.W.11 was residing in the house owned by A-8 since two years prior to the incident. On 2-4-1995, A-2 went to the house of P.W.1 when P. W. 11 Rajamani was alone and caught hold of her hand. Being frightened by the conduct of A-2, P.W.11 came out of the house. She went to fields and informed her mother-in-law (P.W.2) about the behaviour of A-2. On 4-4-1995 P.W.2, P.W.3, P.W.11 and the deceased were at sugarcane crushing machine in their field. A-2 happened to go there. Then P.W.2 scolded A-2 for his misbehaviour with P.W.11. The deceased Narsimulu slapped A-2 Khaja Moinuddin for his misbehaviour. In the meanwhile, A-3, A-4 and A-6 came there and took away A-2 holding out threats against them. On the morning of 5-4-1995 A-7 called P.W.1 to his house through A-5 since P.W.1 was to pay Rs.3735/- to A-7. P.W.1 went to the house of A-7 and repaid the money to A-8 Moulana. There was verbal altercation between the sons of P.W.1 and the accused over A-2 outraging modesty of P.W.11. In the said altercation A-4 caught hold of legs of P.W. 14 and pulled him. P.W.14 fell down. A-1, A-3, A-5 and A-6 beat him with fire wood sticks. When the deceased came with a stick and beat A-4 on head, A-5 caught him and A-1 beat him with a sickle on his back. As a result the deceased Narsimulu fell down. When P.W.2 Anthamma came in rescue of the deceased Narsimulu she received injury on her left middle finger. A-2 beat P.W.3 on his back. On hearing the altercation P.W.7 Dasaratham came there to subside it. A-3 dealt a blow with a stick on his head and thereby he received bleeding injury. When the altercation was going on, P.W. 10 Anjaiah came and some of the accused beat him with sticks. P.W.4 Kishanji also came there on coming to know the altercation between the accused and the prosecution party and he also received injuries. P.W.1 shifted the deceased Narsimulu on a bullock cart to hospital. On the way to hospital and on nearing Kothapally, the deceased breathed last. P.W.1 lodged complaint with the S.H.O. Dharur on 5-4-1995 at about 11-30 a.m. Ex.P-1 is the complaint presented by him. P.W.13 P. Krishnaji, S.I. of Police, Dharur Police Station received Ex.P-1 complaint and registered a case in Cr.No.21/95 under Sections 147,148,302,324 r/w. Section 149 IPC and issued Ex.P-10 F.I.R. He examined P.W.1 and recorded his statement under Section 161 Cr.P.C. P.W.18 M. Ram Prasad Rao, Circle Inspector of Police, Vikarabad took up investigation, visited scene of offence and conducted panchanama in the presence of LW-16 Vadla Sangaiah and P.W. 12 Kammari Kistaiah and prepared rough sketch of the scene of offence. Ex.P-8 is the scene of offence panchanama and Ex.P-9 is the rough sketch. While observing the scene, he seized blood stained earth in MO-8 mud pot and control earth in MO-9 mud pot. On the same day he went to Government Hospital, Vikarabad and examined P.W.2 Boini Anthamma. P.W.3, P.W.4, P.W.5, P.W.6, P.W.7, P.W.8, P.W.9, P.W.10, P.W.11, P.W. 14 and LW-10 and recorded their statements. He also conducted inquest on the dead body of the deceased in the presence of P.W.16 D. Sudershan Reddy and L.W.19 Kavali Dasthaiah. Ex.P-12 is the inquest report. The dead body of the deceased was subjected to post mortem examination by P.W.15 Dr. P. Sudershan who issued Ex.P-11 post mortem certificate opining that the death of the deceased was due to shock and hemorrhage. P.W. 19 Dr. J. Purushotham examined P.W.2, P.W.3, P.W.4, P.W.7, P.W.14 and issued Exs.P-46 to P-50 wound certificates. P.W.8 M.Ram Prasad, C.I. of Police, arrested A-1 to A-8 and recovered M.Os.1 to 7 sticks and MO-10 sickle in pursuance of their disclosure statements. He sent the material objects to Forensic Science Laboratory through Court.

(3.) The prosecution examined P.W.1 to P.W. 19 and marked Exs.P-1 to P-50 and M.Os.1 to 14 and ultimately on appreciation of evidence after recording acquittal in relation to certain charges as against A-4 to A-8, A-1 to A-3 were convicted and sentenced as referred to supra. Submissions of Sri Praveen Kumar: