EDIGA JAGANNADHA GOWD Vs. STATE REP

JUDGEMENT

(1.) This is an appeal filed by the accused persons in Sessions case No. 411 of 1998. All the accused were charged with offences u/s. 148 and 302 IPC. They pleaded not guilty and claimed to be tried. Prosecution examined 8 witnesses and exhibited 16 documents. The trial court convicted them for the offence u/sec. 148 IPC and sentenced to three years rigorous imprisonment. They were also convicted u/sec. 302 r/w 149 IPC and sentenced to life imprisonment. They were also fined Rs. 500/- each in default of payment of fine they have to suffer simple imprisonment for three months.

(2.) In the charge-sheet it was alleged that 20 years prior to the occurrence father of A-1 was murdered. Deceased Janardhan Reddy and others were accused in that case That case ended in acquittal. Since then there were ill feelings between the family of the deceased and the family of A-l. In the year 1995 an attempt to murder A-l had taken place and in this allegedly the deceased Janardhan Reddy and his followers were involved. A case Crime No. 22/95 of Midthur P.S. was registered in this connection. This case ended in acquittal in 1997. Thereafter another attack, according to the prosecution was made on the life of A-l by the deceased Janardhan Reddy and his followers and a case Crime No. 5/96 was registered in Midthur P.S. against the deceased Janardhan Reddy, L. W. 1, L. W. 2 and others. On 1-10-97 and 3-10-97 A-l adduced evidence in Crime No. 5/96 before Assistant Sessions Judge, Nandikotkur. When the case was adjourned on 3-10-97 the deceased threatened A-l on the ground that he had given false evidence against him. He also told him that if the case ended in his conviction he would see his end. A-l apprehended danger to his life. So, on 5-10-97 at about 12.30 noon, he collected his followers A-2 to A-8, formed intoan unlawful assembly armed with deadly weapons like hunting sickles, daggers and axes and in furtherance of common intention to do away with Janardhan Reddy they proceeded to the house of Pinjari Bude Saheb, Ex-Sarpanch of the village where the deceased Janardhan Reddy was present with his brother Baleswar Reddy, Chakali Swamulu and Pinjari Jaleel Basha. A-l uttered the words by showing the deceased Janardhan Reddy Yennallu tappinchukuntavura - Veyandira Veedni (how long you escape, Kill him). Having inspired by these words A-2 and A-3 dealt blows with hunting sickles on the head of the deceased and on his left hand. The deceased fell down. A-l stabbed him on his neck and A-4 to A-8 dealt blows on his head, chest, stomach and hands with the weapons they carried. Due to the injuries Janardhan Reddy died immediately. L.Ws. 1 to 3 went away to a distance and witnessed the occurrence. These three persons thereafter went to the scene of occurrence after the accused had left the place. They found the body of Janardhan Reddy lying with bleeding injuries. They found him dead. The elder brother of Janardhan Reddy by name Baleswar Reddy left the place saying tha the would inform the Village Administrative Officer and give a complaint. At about 2.00 p.m. he went to the Village Administrative Officer and gave a statement. On the basis of this complaint investigation was taken up by police and charge-sheet was filed.

(3.) Coming to the evidence of witnesses, P.Ws. 1 and 2 are projected as eye-witnesses. P.W. 1 is resident of Chouthkur of Midthur mandal. He knew all the accused in the case. They were all residents of his village. He also knew the deceased Janardhan Reddy who was murdered by the accused, according to him 3V2 years before in the house of one Bude Sab, Ex-Sarpanch of their village. He stated that, on 5-10-97 at about 12.00 noon P.W. 2 came to his house and requested him to go with him to the house of Baleswar Reddy to get money from him. He and P.W. 2 went to the house of Baleswar Reddy and asked him to give them some money. Baleswar Reddy told them that he was not having money. He took them to the house of his brother, the deceased. Baleswar Reddy and the deceased talked to each other. The deceased also expressed his inability to give them money. Then the witness, P.W. 2 the house of Bude Sab, Ex-Sarpanch of the village. The deceased told them that money from Bude Sab. After reaching the house of Bude Sab, Baleswar Reddy enquired from the wife of Bude Sab who informed that Bude Sab had gone to Kurnool and was not available in the house. The witness, deceased and P. W. 2 were standing there near the sofa. After hearing the information from the wife of Bude Sab that her husband had gone to Kurnool, all these persons were discussing as to where to get money for their necessities. Meanwhile, all the accused came there. A-1 and A-7 were armed with daggers, A-4 and A-8 were armed with axes and other four accused were armed with hunting sickles. They came there running. A-l pointed out towards the deceased and said, Yennallu tappinchukuntavura- veyandira veedni (how long you escape- Kill him). Instigated by these words A-2 hacked the deceased with hunting sickle on his head. A-3 hacked the deceased on his left hand. After receiving those injuries the deceased fell down on the ground his face facing upwards. Then A-l stabbed the deceased on his neck with dagger. Then other accused surrounded the deceased. After seeing them the witness and others went away to a distance and remained standing there. All the accused hacked the deceased and went away towards northern side by saying that if anybody in the locality depose against them they would also face the same fate as that of the deceased. After the accused left the scene of occurrence, the witness stated that, he along with his other friends went nearer to the deceased and found him lying dead with bleeding injuries. He, Baleswar Reddy and P.W. 2 stayed there for some time. Later on all the relatives of the deceased came there. Baleswar Reddy went to the house of V.A.O. to give report to him about the incident. After staying there for some time the witness and P.W. 2 went to their respective houses. On the next day morning C.I. of Police sent for him to the place where the dead body of deceased was kept. C.I. of police examined him and recorded his statement. Prior to this incident, the father of A-l was murdered. In that case the deceased was an accused. There were ill feelings between the group of Janardhan Reddy (deceased) and the group of Jagannadha Goud (A-l). An attempt to murder case was foisted against the witness, P.W. 2, deceased and others in the year 1995 at the instance of A-l. That case ended in acquittal. In the year 1996, A-l elected as MPTC member from their village. Later on he foisted another case against the witness, Janardhan Reddy and others. Two days prior to this incident evidence was recorded in Sub-Court, Nandikotkur relating to bomb attack case against A-l. After coming out of the court, Janardhan Reddy threatened A-l by saying that he was giving evidence in the court against him with false allegations and if something happened to him he would see the end of A-l. After the said incident A-l planned to do away with Janardhan Reddy so that he would remove hurdles against him in future. In cross-examination the witness stated that accused No. 1 gave report to the police in the year 1995 and 1996 alleging that Janardhan Reddy the witness and others had made attempt on his life. He admitted that he was convicted by the Assistant Sessions Judge, Nandikotkur in the case filed against him by A-l in the year 1996. A-l gave another complaint to the police in the year 1998 alleging that the witness and others made an attempt on his life. Jaleel (P.W. 2) was also one of the accused in 1998 attempt to murder case. It was true that on either side of the door of Bude Sab's house there were pials. The distance between the two pails was about 4 or 5 feet. It was true that the pials were covering the entire width of the varandah. Janardhan Reddy and his brother Baleswar Reddy were standing on one side and the witness and Jaleel were standing on the other side. Baleswar Reddy was standing in front of Janardhan Reddy nearer to door frame. The southern side pial was covered with bamboo mat on its western side. Northern side pial open. At first instance three accused came to varandah where Janardhan Reddy was standing. A-1 instigated by saying Yennallu thappinchukuntavura-veyandira veedni, A-2 hacked the deceased on his head A-3 hacked Janardhan Reddy on his left hand, other accused were standing in front of the varandah nearer to the place of incident. He, Jaleel and Baleswar Reddy were in the same verandah when those persons surrounded Janardhan Reddy. When the deceased fell down the witness and others went to some distance. They were standing on the southern side of pial nearer to the door. The wife and children of Bude Sab were there in the house when they went there. There were residential houses both on northern side and southern side of Bude Sab's house. All those houses were facing towards west. There were residential houses opposite to the house of Bude Sab and all those houses were facing towards east. The street in front of Bude Sab's house was about 6 yards. The residents had constructed pials by encroaching the street. One doubt bed cot could easily pass through the said street. The distance between the scene of occurrence and the house of V.A.O. was about 200 yards. The accused persons did not try to attack the witness or P.W. 2. A-l, A-2 and A-3 were standing on the back of Janardhan Reddy when they were beating him. They were standing very nearer to Janardhan Reddy. Janardhan Reddy was facing towards north when A-l to A-3 attacked him. They were standing facing towards south. Janardhan Reddy was standing at a distance of 11 /2 or 2 feet from the door frame of Bude Sab's house. The width of pial was more than the height of a human being. After the culprits left the scene of occurrence neighbouring residents came to that place. He and Jaleel belong to the group led by Janardhan Reddy. Their group and the group led by Jagannadham goud were not on talking terms since 1995. The witness was not doing any arrack business in the village. He denied that he was not present in the village on the date of occurrence and he had gone to Kadamur on that day. He and Jaleel stayed near the dead body of Janardhan Reddy for about one hour after Baleswar Reddy had left from that place to give complaint to the house of V.A.O. The V.A.O. was cousin to the deceased. Baleswar Reddy did not return to the scene of offence till the witness stayed there. V.A.O. also did not come to the scene of offence till they stayed there. He did not know when the police had come to the village but he was called by police on the next day morning to the scene of occurrence. Police examined him for the first time on the next day morning.