B VENKATESWARA REDDY Vs. STATE OF A P

JUDGEMENT

(1.) This is an appeal preferred by A.3 to A. 10 in S.C. No.345 of 1996 on the file of the I Additional Sessions Court, Ongole against the judgment dated 24-1-2003 and sentencing them for various offences.

(2.) Ten persons were charge-sheeted for the offences under Sections 147, 148 and 302 read with 149 IPC. A.1 and A.2 died before the Sessions Court framing the charges. Therefore, the charges were framed against A.3 to A.10. They were firstly charged for the offence under Section 148 IPC for forming into an unlawful assembly in prosecution of the common object of killing the deceased Bandi Anji Reddy at about 9 p.m., on 19-12-1995 armed with deadly weapons in front of the Timber depot of A.1 of Renangivaram Village. Secondly, they were charged for the offence under Section 302 or Section 302 read with 149 IPC for intentionally committing the murder of the deceased in pursuance of their common object at the time and place as mentioned in Charge No.1 by A.3 piercing spear in the abdomen and A.4 to A. 10 causing indiscriminate blows with knives. A.3 to A. 10 denied the charges and claimed for trial. The prosecution in order to prove the guilt of the accused examined P.Ws.1 to 14, marked Exs.P.1 to P.16 and M.Os.1 to 14. No oral evidence was adduced on defence side, but Exs.D.1 to D.3 were marked. The learned Sessions Judge after considering the evidence adduced by the prosecution found A.3 to A. 10 guilty of the offence. Accordingly, they were convicted for the offence punishable under Section 148 IPC and each of them were sentenced to undergo rigorous imprisonment for three years. A.3 was further convicted for the offence under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of rupees one lakh, in default to suffer simple imprisonment for one year. A.4 to A. 10 were further convicted for the offence under Section 302 read with 149 IPC and each of them were sentenced to undergo imprisonment for life and also to pay a fine of Rs.20,000/-, in default to suffer simple imprisonment for six months. The Sessions Court further directed that out of the fine amount recovered from A.3 to A. 10, an amount of Rs.2,00,000/- has to be paid to the wife of the deceased by name Bandi Anjamma towards compensation under Section 357(1)(c) Cr.P.C. The appellants being aggrieved by the convictions and sentences imposed by the Sessions Court preferred this appeal challenging their validity and legality.

(3.) The point for consideration is: Whether the prosecution proved the guilt of the appellants beyond reasonable doubt and whether they are entitled for acquittal as prayed for? Point: