PALLEPU KISTAIAH Vs. STATE OF A P

JUDGEMENT

(1.) Heard Sri A. Prabhakar Rao, Counsel representing the appellants/accused 1 to 3 and the learned Additional Public Prosecutor.

(2.) The case of the prosecution is that there was prior enmity between the appellants/accused and Peda Narasimhulu, Sammaiah and Gopi and the appellants/ accused were waiting for a chance to attack them and accordingly on 13-6-1994 at about 8.30 p.m., L.Ws.2 and 3 were returning to their house on cycle and when they passed the Fire Station, the appellant/ A-1 to A3 armed with stones and attacked them. Accused No.2 kicked on the stomach of LW-3 due to which he fell down on the ground. Accused No.2 took LW-2 to the nearby bushes and beat him on the head with the axe of Accused No.3. Accused No.1 beat with iron rod and Accused No.2 beat him with hands. LW-2 managed to escape and rushed to the house and informed LW-1, LW-5 (Vallepu Yadagiri) and LW-6 (Vallepu Narsamrna) had rushed to LW-2 and rescued him. On a complaint a case in Cr.No.81/94 Sections 324 read with Section 34 IPC was registered and the statement of witnesses were recorded and the injured were referred to MGM Hospital. It is the version of the prosecution that subsequent thereto the injured died on 17-7-1994 for the injuries sustained and hence Crime No. 100/94 was registered under Section 174 Cr.PC and inquest was conducted over the dead body of the deceased and later autopsy was conducted and the same was converted into PRC and cognizance was taken under Section 302 IPC read with Section 34 IPC.

(3.) The learned III Additional Sessions Judge, Warangal had recorded the evidence of PW-1 to PW-11 and marked Exs.P-1 to P-10 and ultimately arrived at the conclusion that the appellants/accused are not guilty for the offence under Section 302 IPC but the appellants/accused were found guilty for the offence under Section 342 IPC read with Section 34 IPC. Aggrieved by the same, the present appeal is filed.