VEMULA YELLAIAH Vs. STATE OF A P

JUDGEMENT

(1.) This appeal under Section 374 (2) of the Code of Criminal Procedure is directed against the judgment in S.C. 16 of 2001 on the file of II Additional Sessions Judge, Fast Track Court-l, Khammam where under A-1 to A-11 were found guilty under Section 148 IPC and sentenced to undergo three years rigorous imprisonment, A-1 to A-3 are sentenced to undergo imprisonment for life and also to pay a fine of Rs.100/- in default to undergo simple imprisonment for one month under Section 302 IPC, A-4 to A-11 are sentenced to undergo imprisonment for life and also to pay a fine of Rs. 100/- in default to undergo S.I. for one month under Sec. 302 read with 149IPC and further A-1 to A-11 are sentenced to undergo R-1. for three years under Section 324 r/w 149 IPC and that all the sentences are directed to run concurrently.

(2.) The case of the prosecution as unfolded by the witnesses examined may be delineated as follows.

(3.) All the accused were the coolies under the deceased Vemula Peda Venkaiah. On 11-3-1997 all the accused and some of the relatives of the deceased cut a pig and shared among them. At about 7.30 p.m. in the night A-1 picked up a quarrel with Vemula Nadipi Venkaiah. Then the deceased admonished both of them and sometime thereafter all the accused went to the street in which the deceased was residing and A-2 called the deceased outside. There upon A-1 sprinkled chilli powder on his face. A-2 hacked the deceased with an axe on his head. Then A-1 beat the deceased on his head with stick. Then A-3 beat with a pestle on his head. When PWs. 1, 4, 7 and 9 intervened, they were also beaten by the accused. Then the deceased Venkaiah fell down. There upon he was shifted to Government hospital, Khammam in an auto. By that time the deceased died. The injured persons were also brought to the Government hospital, Khammam by the police. Basing on the report given by P.W.1, P.W. 14 registered a case in Cr.No.41/97 under Sections 147,148, 302, 307, 324 r/w 149 IPC on 11-3-1997. After recording the statement from P.W.1 at 10 p.m. in the Government hospital, Khammam he informed about registration of the case to the C.I. of Police - P.W.18, who took up the investigation. He posted the guard at the scene of offence. He examined P.Ws. 1 to 5 and others at Government Headquarters hospital, Khammam on 12-3-1997. He observed the scene of occurrence in the presence of P.W.11 and others and seized M.O.1 bloodstained earth and M.O.2 control earth and prepared rough sketch Ex.P-2. He got the photographs Exs.P-6 to P-12 taken. He also got the photographs taken on the dead body of the deceased through P.W.15. He held inquest on the dead body of the deceased in the presence of P.W.12 and another. After inquest, the dead body was sent to post mortem examination. P.W.14 is the doctor who conducted autopsy over the dead body and found 5 lacerated injuries and two contusions and opined that the cause of the death was due to injuries on the vital organs. On 31-3-1997 at about6p.m. P.W.18 arrested A-1 to A-4 at the house of A-2. In pursuance of the confessional statement given by A-1 bloodstained stick M.O.5, on confessional statement of A-2 bloodstained axe M.O.6 and on the confessional statement of A-3 bloodstained pestle and on the confessional statements of A-4 to A-6 three sticks were seized under mediators report. The accused were sent to judicial custody. The material objects were sent to Forensic Science Laboratory. After receipt of F.S.L. report and after completion of investigation, P.W.18 filed the charge sheet before the II Additional Judicial First Class magistrate, Khammam. As the case was exclusively triable by the Court of Sessions, it was committed to the Court of Sessions by the learned Magistrate. The case was taken on file by the learned Sessions Judge in S.C. 16 of 2001. After hearing both sides and considering the material on record, charges under Sections 147,148,302, 307 and 324 r/w 149 IPC were framed against the accused. When the charges were read over and explained to the accused, the accused pleaded not guilty and claimed to be tried.