BOLLINENI MALLAIAH Vs. THE STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) 14 persons, namely, A.1 to A. 14, were put to trial in S.C. No. 60 of 2009 on the file of I Additional Sessions Judge, Guntur, alleging that they caused the death of Narala Venkateswarlu of Daida Village of Gurazala Mandal, Guntur District, in the evening of 16.04.2008. It was alleged that the deceased was Sarpanch of the village on an earlier occasion and his wife also worked as Sarpanch, and on that particular day, himself, his wife and several others went to Kallam i.e., chilly drying yard, and were returning at about 5.30 p.m. to the village. When they were about to reach the village, an auto rickshaw is said to have stopped before them, and apprehending some untoward action, the persons, who were accompanying the deceased, have dispersed to both sides of the road and, still, a bomb was thrown at them. The deceased is said to have proceeded to the open land of one Mr. Leila Kotaiah, and that on noticing him, all the accused surrounded him. At that time, P.W.2, the wife of the deceased, is said to have requested the accused not to cause harm to her husband, and without heeding to her request, the accused attacked the deceased with knives, axes and other weapons, indiscriminately. The prosecution further stated that the information about the death of the deceased was given to the police, by P.W. 1, a close relation of the deceased, by submitting a complaint (Ex. P.1) at 2.00 a.m. on 17.04.2008 and, thereupon, further steps were taken by the police. A charge sheet was filed mentioning the various steps taken by the police, such as, conducting of inquest panchnama, recording of confessional statements and arrest of the accused. The trial Court framed necessary charges and, on the accused pleading not guilty, the trial was conducted.

(2.) ON behalf of the prosecution, P.Ws. 1 to 11 were examined and Exs. P.1 to P. 14 were filed. M.Os.1 to 12 were taken on record. Through its judgment, dated 04.02.2010, the trial Court acquitted A. 1, A. 5 and A.9 of the offences alleged under Sections 3 and 5 of the Explosive Substances Act. As regards the other charges referable to Sections 147, 148, 302 r/w 149 IPC, it acquitted A.3, A.6, A. 12, A. 13 and A. 14, whereas A.1, A.2, A.4, A. 5 and A. 7 to A. 11 were convicted of the said offences. Punishment of imprisonment for life and fine of Rs. 100/ - each was imposed. Hence, this appeal by the convicted accused.

(3.) LEARNED Additional Public Prosecutor, on the other hand, submits that mere visit of the Police Officer to the scene of offence, before a formal complaint is submitted, does not vitiate the proceedings. She contends that though P.W.11 and other officials visited the site, the crime was registered, only on the strength of Ex. P. 1 complaint. It is also her case that the eyewitness account of P.Ws.1 and 2 was consistent and the trial Court has taken correct view of the matter. She submits that existence of criminal record, if any, against the deceased does not justify the commission of crime by the accused.