RAVULOLLA RAMULU Vs. STATE OF A P

JUDGEMENT

(1.) These two criminal appeals are preferred as against the judgment in Sessions Case No.250 of 1996 dated 29.10.1997 on the file of the Additional Sessions Judge, Adilabad.

(2.) Criminal Appeal No.1344 is filed by A-3, 4, 6 and 7 and Criminal Appeal No.1428 of 1997 is filed by A-2 and A-5. A-l to A-8 were tried for the offences punishable under Sections 148,324 and 304 Part-II read with Section 149 I.P.C. and Section 34 I.P.C. for causing injuries to P.Ws.1 to 3. During pendency of the case, A-1 reported died and the case against him is abated. The learned Additional Sessions Judge by judgment, dated 29.10.1997 convicted A-2 to A-7 for the offence under Section 304 Part n read with Section 149 I.P.C. and sentenced each to sufforrigorous imprisonment for five years and to pay a fine of Rs.300/- each in default, to suffer rigorous imprisonment for a period of three months and A-2 to A-7 also were further convicted for the offences under Section 324 I.P.C. and 148 I.P.C. and sentenced to suffer rigorous imprisonment for a period of two years under each count and they were directed to pay a fine of Rs.200/- and Rs.100/- respectively under each of the above counts and in default to suffer rigorous imprisonment for a period of one month and all the sentences were directed to be run concurrently. But however, A-8 was acquitted of all the charges.

(3.) The case of the prosecution is that P.W.I is the brother of the deceased-Pandari, and P.W.2 is brother of A-8 and father of P.W.1. P.W.3 is the wife of P.W.1 and P.W.4 is the wife of the deceased. All the accused and the material prosecution witnesses are residents of Bhainsa Village. It is stated that there is a civil dispute pending between A-8 and the father of P.W.1 relating to a vacant site and house bearing No.3-5-103 and in the said house, the western side portion is in occupation of A-8 and the eastern portion is in occupation of P.W.1. The dispute is that the western room in occupation of A-8 is 3 feet 9 inches more in width than the eastern room in occupation of P.W.1 and that P.W.1 filed O.S.No.45 of 1995 on the file of the Court of the District Munsif, Bhainsa about three months prior to the date of this incident. It is also the case of the prosecution that on the morning of the date of incident i.e., on 22-12-1995, there was a panchayat to decide the disputed vacant site between the parties and a word was sent to all the accused. But however, none of the accused attended the panchayat. While so, on the same day, at about 9.00 p.m., A-1 to A-4 came to the house of P.W.1 and raised an altercation relating to the vacant site in front of the house of P.W.1. Again on the same day at 11.00 p.m., A-1 to A-8 came to the house of P.W.I armed with sticks and kicked the doors and broke open the main door, A-1 beat P.W.1 with a stick on his head, A-3 and A-4 beat P.W.1 with a stick on his back while A-4 and A-7 beat P.W.I with sticks on his left leg. When the deceased-Pandari came out of the house, all the accused beat him all over his body with sticks as a result of which he fell on the ground. A-1 beat on the head of the deceased with a stout stick and as such he fell on the ground with injuries. P.Ws.2 and 3 also were beaten by all the accused. Thereafter, P.W.1 went to the Police Station, Bhainsa at 11.15 p.m. and orally narrated the incident to P.W.15, Sub-Inspector of Police. It is stated that P.W.15 at that time had not registered any crime and he did not make any General Diary entry but proceeded to the scene of offence and shifted the injured to the Government Hospital, Bhainsa. It is further stated that the statement of P.W.I was recorded in the hospital on 22-12-1995 at 11-45 p.m., which is marked as Ex-P1. On the basis of Ex-Pi, P.W.15-Sub-Inspector of Police, registered a case in Crime No.103 of 1995 at about 11-50 p.m., on the same day and forwarded the First Information Report (FIR) to all the concerned. It is stated that the said FIR reached the Court only after a gap of 12 hours, though the Court is situate locally. Ex-P28 is the original FIR. In the Government Hospital, Bhainsa, deceased-Gali Pandari succumbed to the injuries while undergoing treatment. P.W.16, Inspector of Police, who had taken up further investigation, proceeded to the Government Hospital and conducted inquest over the dead body of the deceased-Pandari in the presence of P.W.8. Ex-P4 is the inquest report. Thereafter, the dead body of the deceased-Pandari was sent to post-mortem examination. On 22-12-1995 at about 1.00 p.m., P.W.13, Civil Assistant Surgeon, Government Hospital, Bhainsa examined the injured-P.Ws.1 to 3 and issued Exs.P24 to P26, wounds certificates respectively. On 23-12-1995 P.W.14 conducted autopsy over the dead body of the deceased and issued Ex-P27-post-mortem certificate. On 23-12-1995 P.W.16-Inspector of Police examined P.Ws.4 to 7 and 11 and recorded their statements and also seized M.O.1 bloodstained shirt from the person of P.W.2 under a cover of Ex-P29 recovery panchanama. On 24-12-1995, he arrested A-l to A-4 in the presence of P.W.9. Pursuant to the confession made by A-1 to A-4, it is said that the recovery of M.Os.2 to 5-sticks and gadgoyyas was made. On 29-12-1995, he arrested A-5 to A-7 and recovery of M.Os.6 to 8 sticks and gadgoyyas had been made. It is stated that all these material objects were recovered at the instance of the accused from their respective houses on 25-12-1995 and on 29-12-1995. After-completion of investigation, P.W-16 filed charge-sheet.