PUBLIC PROSECUTOR Vs. YELLA MOHANARAO

JUDGEMENT

(1.) This appeal by the State is directed against the judgment of the learned Sessions Judge, Srikakulam, in SC No. 8 of 1992 by which the seven respondents herein were acquitted of the four charges framed against them in respect of an incident that happened on 29-4-1991 at Kondragolu village, Srikakulam District, resulting in the death of one Yella Dhannajaya Rao and injuries to his son Yella Srinivasa Rao alias Tejeshwar Rao.

(2.) The deceased Dhananjaya Rao, A5 and A6 are brothers, P.W. 1 Srinivasa Rao is the son of the deceased and P.W. 2, the wife of the deceased. The other accused, A4 and A7 and A1 and A3 also are brothers and are closely related to the deceased and P.Ws.1 and 2. The prosecution case is that on 29-4-1991 three incidents happened in the village. The first incident was at about 8 a.m. when the cattle belonging to the deceased Dhananjaya Rao were impounded in the cattle shed of A1 on the ground that they had grazed the green gram crop in A1's field. P.W. 1 approached A1 and requested him to release cattle by taking some money as compensation for which the reply of A1 was that at the rate of Rs. 50.00 be paid per each cattle. P.W. 1 left the place saying that he would come later after his father returned from Hiramandalam village. The second incident occurred at 10 a.m. when the deceased, while returning from Hiramandalam, noticed the cattle belonging to A1 grazing in his field and so he drove the cattle to his house. When he reached the house of A1, both A1 and A2 freed the cattle and tied them in their cattle-shed. There was an exchange of hot words between the deceased on the one side and A1 to A3 on the other. P.W. 2, the wife of the deceased, went there and brought her husband back home. The third incident happened at 3 p.m. when Botta Venkata Rao, the farm-servant of the deceased, was returning home driving a double-bullock cart. On the way, it was stopped by the accused who untied the bullocks and drove them away to their cattle-shed.

(3.) This third incident that occurred at about 3 p.m. had culminated in the murder of Dhananjaya Rao and sustaining of injuries by P.W. 11 and also allegedly by A4. On being informed by his farm-servant about the accused driving away the bullocks, the deceased went to the house of A1 followed by P.WS.1 and 2. It is alleged that A1 to A7 formed themselves into an unlawful assembly armed with deadly weapons with the common object of killing the deceased and in pursuance of the same A4 instigated the other accused to beat and kill the deceased. A4 and A1 beat the deceased on the head with a stout stick. A5 beat the deceased on the face with a knife. A6 speared into the eyes of the deceased with a 'thenta', a spear-like object. When P.W. 1 interfered he was beaten with sticks on various parts of the body by A1, A2, A3, A5 and A7. Thereafter, all the accused went to the house of the deceased and broke open the door of the house as P.W. 2, the wife of the deceased, did not open the doors. With the injuries sustained in the attack, P.W. 1 fell down unconscious and he regained consciousness only at about 4-30 p.m. Dhananjaya Rao died at the spot.