KOKKULA SRINIVAS Vs. STATE OF A P

JUDGEMENT

(1.) These appeals are filed against the judgment of the learned III Additional Sessions Judge, Karimangar in S.C.No.278 of 2003. The learned Judge convicted and sentenced : A-1 to A-5 Section 148 IPC Rigorous imprisonment for two years and pay fine of Rs. 1,000-00 in default to suffer simple imprisonment for one month each. A-1 to A-5 Section 302 r/w 149 IPC Imprisonment for life and fine of Rs.1,000-00 in default to suffer simple imprisonment for one month each. A-1 to A-5 Section 307 r/w 149 IPC Rigorous imprisonment for five years and pay fine of Rs. 1,000-00 in default to suffer simple imprisonment for one month each.

(2.) The present for appeals - Cr.A.No.1066 of 2003 is preferred by A-2; Crl.A. No.1067 of 2003 are preferred by A-3 and A-5; Crl.A.No.1068 of 2003 is preferred by A-4 and A-1 filed Crl.A. No.1079 of 2003. As the four appeals are directed against the one and same judgment, they are heard together and are being disposed of by this common judgment.

(3.) The prosecution case is that A-1 to A-5, the deceased - Satyam @ Satyanarayana and PWs.1 to 5 are all residents of Godavarikhani. On 15-8-2002, after flag hoisting ceremony, PW-1, Avula Gattaiah, the deceased and some others of the locality went to picnic towards 6-inlcine mine and returned home at 5-00 p.m. Thereafter PWs.l to 3 and the deceased etc., were playing songs on deck and dancing in front of the house of PW-1. After 6-00 p.m., they got tired and stopped it. At that time all the accused came there and asked to play songs on deck as they also wanted to dance. PW-1 told them that as by then all of them were tired, it was not possible for them to continue playing deck. The accused forced PW-1 and others to continue playing songs and on their refusal, they threatened PW-1 and went away. On the same day at about 8-30 p.m., the accused were searching for the house of PW-1 and PW-1 on learning about it, around 9-00 or 9-30 p.m., went to the house of his friends, PW-2 and the deceased and informed them that A-1 to A-5 were searching for him and location of his house. Then all of them went to the house of PW-3 and informed him about A-1 to A-5 searching for PW-1. In the meanwhile, A-1 to A-5 went there. There, when A-1 tried to stab PW-1 with knife, the deceased intervened to save PW-1, and that blow fell on the chest of the deceased, who collapsed. A-1 and A-2 stabbed PW-2 on the left hand, waist and back with a knife. All the accused then beat PW-1, PW-3. After attacking the deceased, the accused ran away. The deceased was immediately shifted to Surya Hospital, Godavarikhani, where PW-2 was also admitted and the deceased died within fifteen minutes.