CHAKIRI SAIDULU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) A1 to A4 in SC No. 287 of 1992 on the file of the III Additional Sessions Judge, Guntur, are the appellants. They were convicted by the learned Judge for the offence under section 302 IPC and each of them was sentenced to imprisonment for life.

(2.) Eight accused were tried by the learned Sessions Judge in connection with the murder of one Addanki Katamaraju on 21-1-1991 at about 10.00 a.m., at the bus-stand centre in Mutyalampadu village.

(3.) The prosecution case, in brief, is that there were factions among the 'Yadavas' in the village of Mutyalampadu. The deceased Katamaraju was the leader of one faction and A5 is the leader of the opposite faction - both belonging to Yadava caste. The deceased was the supporter of Congress partly while the accused are the followers of Telugu Desam Party. On 21-1-1991, at about 10.00 a.m., the deceased-Katamaraju, after taking tea in the hotel of one Chavali Nagalaxmamma, P.W. 5, was sitting at the bus-stand centre. A1 to A4 and some others came there armed with bombs, axes and spears. A1 and A2 hurled bombs, as a result of which the deceased fell down; his clothes were burnt and his body also was burnt. Then the accused attacked the deceased with spears and axes. The incident was allegedly witnessed by P.W. 3, Anantharavamma, the wife of the deceased and P.W. 4, Koteswaramma, P.W. 6, Latchaiah and P.W. 7, Kotamaraju. P.W. 14, the Head Constable of Dachepalli Police Station, was the in-charge Station House Officer on 21-1-1991. He received information that there was some 'galata' in Mutyalampadu village and, therefore, he rushed to the place in a jeep, reaching there at about 12.30 p.m. He saw the deceased lying in front of the pan shop of one Chengu Venkateswarlu. The Head Constable recorded the statement of the injured-Katamaraju in the presence of P.W. 8, Mattapalli and Kota Daveed. Ex. P. 9 is the statement. Immediately the injured was removed in the jeep to the police station and from there, through a constable, he was sent to the Government Hospital, Gurazala. The Head Constable registered, on the basis of Ex. P. 9, Crime No. 9 of 1991 under sections 147, 148, 286 and 307 r/w 149 IPC. Ex.P16 is the F.I.R. sent to the court. P.W. 16, the Sub-Inspector of Police, Dachepalli Police Station, on receipt of the information, reached the police station at about 1.40 p.m., and took up investigation. He went to Gurazala Government Hospital at 2.00 p.m., and recorded Ex. P. 24, statement of the injured-Katamaraju. The blood stained clothes, M.Os. 1 to 3 were also seized by the Sub-Inspector under Ex. P. 10. As there was no Medical Officer at Gurazala Government Hospital, the injured-Katamaraju was sent to the Government Hospital, Macherla, where P.W. 13, Dr. Dhananjaneyulu, Civil Assistant Surgeon, examined him at 3.30 p.m., and found the following injuries : "1. Lacerated wound 4 x 1/2 cm., oblique on the left side of fore head, extending upto the bone, edges red and swollen. 2. Lacerated wound 7 x 1 cm. running from side to side on the left parietal region of the scalp extending upto the bone. Edges red and swollen. 3. Lacerated wound 4 x 1/2 cm. on the left side of occipital region of the scalp extending upto the bone, edges red and swollen. 4. Contusion 22 x 2 cm. oblique on the front of right side of chest, red in colour. 5. Incised wound 1.5 x 0.5 cm. on the front of left side of chest, edges red and swollen. 6. Incised wound 4 x 1 cm. vertical on the back of the left forearm 1/4 cm. deep - Edges red and swollen. 7. Incised wound 1 x 1 cm. on the palmar aspect of left hand 1/2 cm. deep. Edges red and swollen. 8. Incised wound 1 x 1/2 cm. on the dorsum of left hand. 1/2 c.m. deep, edges were red and swollen. 9. Lacerated wound 8 x 2 cm. on the back of right foot extending upto the bone, edges red and swollen. 10. Lacerated wound 7 x 1 cm. horizontal on the back of left foot 1/2 cm. deep. Edges were red and swollen." Ex. P. 14 is the wound certificate. The doctor sent a requisition, Ex. P. 1, to Shri P. Jagannadha Rao, the Judicial First Class Magistrate at Macherla, P.W. 1, for recording the dying declaration of the injured-Katamaraju. The Magistrate, P.W. 1, reached the hospital and recorded Ex. P. 2, the dying declaration, between 4.20 and 4.30 p.m. The doctor, P.W. 13, certified that the patient-Katamaraju was in a fit condition to make the statement. Thereafter, the injured was shifted to the Government Hospital, Guntur for treatment, where, 10 days later on 31-1-1991 at 3.00 p.m., while undergoing treatment in the orthopaedic ward, he died because of the injuries sustained in the incident that happened on 21-1-1991.