SARASANI HANUMA REDDY Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment dated 16-9-2002 passed in S.C. No.199 of 2001 on the file of I Additional Sessions Judge, Nalgonda, whereby the learned Additional Sessions Judge found Al Sarasani Hanuma Reddy, A2 Sarasani Laxma Reddy, A3 Bokka Srinivas Reddy, A4 Gundarapu Pullaiah, A5 Gundarapu Venkanna, A6 Gunaganti Laxmaiah, A7 Gunaganti Ramulu and A8 Konatham Venkanna guilty for the offences under Sections 148, 302 and 435 read with 149 IPC and convicted them accordingly and sentenced each of them to suffer rigorous imprisonment for one year for the offence under Section 148 IPC, imprisonment for life and fine of Rs.300/- in default to suffer simple imprisonment for one month for the offence under Section 302 IPC and rigorous imprisonment for one year and fine of Rs.100 in default to suffer simple imprisonment for one month for the offence under Section 435 read with 149 IPC. However, the learned Additional Sessions Judge found A9 Mattipally Guruvaiah not guilty for the offences under Sections 148, 302, 435 read with 149 IPC and A10 Alugubelly Venkat Narsimha Reddy and Al 1 Kandhala Damodar Reddy not guilty for the offence under Section 120 B IPC and acquitted them accordingly.

(2.) The appellants herein are Al to A8 in S.C. No. 199/2001. They along with three other acquitted accused persons were put on trial before the 1st Additional Sessions Judge, Nalgonda for the offences under Sections 148, 302, 435 read with 149 and 120B IPC.

(3.) The prosecution case in brief: P.W.1 Sarasani Damodar Reddy and, P.W.7 Sarasani Venkat Reddy are elder brothers, P.W.2 Sarasani Poolamma is mother, P.W.3 Sarasani Padma is wife and P.W.4 Sarasani Ranga Reddy is junior paternal uncle of Sarasani Sanjeeva Reddy (hereinafter referred to as deceased). P.W.5 Sarasani Sugunamma is wife of P.W.1 and P.W.6 K.Narsimha Reddy is brother-in- law of the deceased. The deceased and the prosecution witnesses belong to OPDR party and the accused are supporters of CPI (ML) Janashakthi group. The prosecution party and the accused party belong to Namavaram Village. Since twenty years prior to the date of occurrence, OPDR party candidates were being elected as Sarpanches of Namavaram village. Therefore there existed serious rivalry between the prosecution party and the accused party.