JAVVADHI SESHA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) These three criminal appeals arise out of the judgment of the learned Additional Sessions Judge, West Godavari at Eluru in S.C. No. 24 of 1992. Cri.A. No. 900 of 1993 was filed by A-1, A-4 to A-6 and A-9 to A-16. Cri.A. No. 953 of 1993 was filed by A-2 and A-3 and Cri.A. No. 1156 of 1993 was brought by A-7 and A-8 in the Sessions Case. Cri.M.P. No. 3437 of 1993 was filed by the State through the Public Prosecutor to expunge certain remarks made against the Investigation Officer, P.W. 34, (Inspector of Police, CB CID) by the learned Additional Sessions Judge in the course of his judgment in S.C. No. 24 of 1992. This judgment will dispose of all the three criminal appeals and the Cri.M.P.

(2.) On 24-6-1991 at about 8.00 a.m., in the sacred precincts of Madana Gopalaswamy temple of Narasapur town, one Adhikari Madhava Rao was murdered by a group of people. The prosecution case is that A-1 to A-16 caused the death. A-1 armed with an axe and the rest of the accused armed with knives entered the temple and A-1 hacked the deceased-Madhava Rao with the axe on the head and dealt a second blow on the face and the rest of the accused - A-2 to A-16 - indiscriminately stabbed him. At that time, the deceased was sitting in the temple while P.W. 7, the pujari's son, was performing 'abhisekham'.

(3.) In all, 21 persons were tried in connection with the aforesaid murder. Three charges were framed by the learned trial Judge : Charge No. 1 was under S. 148, IPC against A-1 to A-16 and all of them were convicted for that offence and each was sentenced to suffer R.I. for three years. The second charge was against A-1 to A-16 under S. 302 r/w S. 149, IPC and all them were convicted under this charge and each was sentenced to imprisonment for life. The third charge was under S. 120-B, IPC against all the 21 accused and the learned Judge acquitted all of them under this charge. The sentences of imprisonment were directed to run concurrently.