EDIGA JAGANNADHA GOWD Vs. STATE OF A P

JUDGEMENT

(1.) These two Criminal Appeals are directed against the judgment dated 21.1.2002 passed in S.C. No.53 of 2000 on the file of IV Additional Sessions Judge, Kurnool, by which the learned Additional Sessions Judge convicted A-1-Ediga Jagannadha Gowd, A-3-Ediga Venkateswara Gowd, A-4-Ediga Sivasankara Gowd, A-5-Ediga Anjaneya Gowd and A.-6-Ediga Nageswara Gowd for the offences punishable under Sections 302 read with 149 of. Indian Penal Code and sentenced each of them to suffer imprisonment for life and further convicted Al for the offence under Section-324 of Indian Penal Code and sentenced him to suffer rigorous imprisonment for a period of one year. However, the learned Additional Sessions Judge found A-2-Ediga Saibaba Gowd, A-7-Ediga Narasimha Gowd, A-8-Ediga Maddileti Gowd, A-9-Vadde Madduleti, A-10-Vadde Thimmanna @ Tihmmulu, A-11-Vadde Venkateswarlu, A-12-Shalanna @ Vadde Shalanna, A-13-Vadee Ramudu, A-14-Madiga Sekhar, A-15 -Madiga Karunakar, A-16-Madiga Yerramala, A-17- Madiga Jetti Mallaiah, A-18-Pedda Shamulu @ Shafa and A-19-Fadde Maddileti @ Chevulodu not guilty for any of the offences with Which they stood charged and acquitted them accordingly. Criminal Appeal No.282 of 2002 is filed by A-l, A-3 to A-6 assailing the judgment of conviction whereas Criminal Appeal No. 1023 of 2003 is filed by the State assailing the acquittal of A-2, A-7 to A-l 9.

(2.) The accused persons (19) were put on trial before the IV Additional Sessions Judge, Kumool for the offences punishable under Sections 148, 302, 302 read with 149, 324, 324 read with 149 of Indian Penal Code. The gravamen of the charge against the accused is that on 6.9.1994 at about 4.30p.m. at Chowtukuru Village, all the accused formed themselves into an unlawful assembly armed with knives and daggers with the common object of murdering Baleswara Reddy, and in furtherance of their common object, they caused the death of the said Baleeswara Reddy and also caused injuries to P.W-2-M.Koteswara Reddy.

(3.) he case of the prosecution is briefly as follows: Madireddy Baleeswara Reddy, Ediga Janardhana Reddy, Madireddy Venugopala Reddy, Madireddy Gangadhara Reddy and Madireddy Purushothama Reddy are brothers. P.W-1-Nagavendramma is brother's wife, P.W-2- M.Koteswara Reddy is son and P.W-3-Madireddi Vengala Reddy is nephew of Baleeswara Reddy. In 1997 Janardhana Reddy was murdered, for which A-l, A-2, A-5, A-7, A-9, A-10 to A-12 were challaned. Baleeswara Reddy and his brothers were supporters of Congress Party whereas the accused were supporters of Telugu Desam Party. Because of political rivalry there was bitter enemity between Baleeswara Reddy (hereinafter referred to as the deceased) and the accused party. A day prior to the incident i.e., on 5.9.1999, the State Assembly Polls took place. The deceased and his brothers canvassed and cast their votes to the Congress Party in Assembly Elections. On 6.9.1999 at about 4.30 p.m., P.Ws.l to 3 and one Mohan Reddy were canvassing on the pials in the verandah of P.W-l's house. While so, A-l to A-19 armed with knives and daggers came there and A-l challenged the deceased about his active participation in the Congress Party and getting votes polled for the said party against the wish of his party and also challenged him as to who could save if they kill him. So saying he along with A3 climbed the pial and attacked the deceased. A-l allegedly hacked the deceased with a knife thrice on his neck causing bleeding injuries and A-3 hacked the deceased on his forehead causing a bleeding injury. It is also alleged that A-4 to A-6 dragged the deceased from the pial to a distance of about 10 feet where A-4 stabbed him with a dagger on right side abdomen and A-5 stabbed him with a dagger on left side abdomen and A-6 stabbed him with a dagger on his back. When P.Ws.l to 3 tried to intervene, the accused allegedly threatened them with dire consequences. However, P.W-2 intervened to rescue the deceased-his father and thereupon A-l beat him on his forehead and right fingers causing bleeding injuries. Thereafter, all the accused left the place. The deceased succumbed to the injuries on the spot. P.W-8- P.Narayana, Inspector of Police, Nandikothkur was camping at Midthur Police Station on 6.9.1999. At about 7 p.m., he received vague information about the murders in Chowtukuru Village located at a distance of 18 to 20 kilo meters from Midthur. He rushed to the village and saw the dead body of the deceased at the house of P.W.I. He received Ex.P-1-report from P.W-1 at about 8 p.m., and sent it to Midthur Police Station through the Head Constable No.2128. P.W-7-Y.R.Srinivasa Reddy, Sub-Inspector of Police, Midthur Police Station received Ex.P-1-report at about 9 p.m, registered a case in Cr.No.51 of 1999 and issued Ex.P-5- First Information Report. P.W-8 received copy of the First Information Report took up investigation and posted guan the scene of offence. On 7.9.1999 at al 7 a.m., he conducted inquest on the d body of the deceased, examined P.Ws.l I and one Mohan Reddy and recorded statements. During the course of inquest, effected seizure of M.O-1-Blood stai white full pancha, M.O-2-Blood staii white banian, M.O-3-Blood stained colour drawer, M.O.-4-Red waist thre; M.O-5-Blood stained earth and M.O. controlled earth. While observing the see of offence, he also prepared rough sketch the scene, which has been exhibited as Ex. 6. After the inquest, he sent the dead book of the deceased to the hospital for the po; mortem examination. Since P.W-2 ha injury on his person he was referred Government Hospital for treatment. P.W-: Dr.G.Thirupal Reddy, Medical Office examined P.W-2 on 8.9.1999 at 1.30 p.n and found the following injuries on hi person: