BATTA VENKATA SUBBAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) (Criminal Appeal Under Section 374(2) Crl.P.C. against the Judgment dated 30/04/1999 in S.C. No.140 of 1994 on the file of the Court of the II Additional District & Sessions Judge, Nellore.) The Inspector of Police, Sullurpet, filed charge sheet against the appellants-A1 to A5 in Crime No.36 of 1992 for the offences under Sections 148, 302, 34 r/w section 149 IPC.

(2.) The case of the prosecution is that on 11-8-1992, at about 1-00 P.M. near Ratchabanda (Tella Banda) in Palchuru village within the limits of Pellakur Police Station, all the accused formed themselves into an unlawful assembly armed with deadly weapons and in furtherance of common object of such assembly, A1 committed murder of the deceased-Yeddala Mohan Reddy, (herein after referred to as the deceased) son of Vasu Deva Reddy, by stabbing him with a knife on his left side chest and in the same process, A1 caused stab injury to Kuchivada Dasardharamireddy on the back of his left shoulder and also caused injury to Kattamreddy Rajareddy on his right little finger and thus, all the accused committed offences punishable under sections referred to supra.

(3.) The defence is one of total denial. The prosecution examined P.Ws.1 to 15 and marked Exs.P1 to P8 and M.Os.1 to 6. On behalf of accused, the wife of A5 was examined as D.W.1 and Exs.D1 to D3 were marked.