GUNNANA PENTAYYA Vs. STATE OF A P

JUDGEMENT

(1.) This appeal, under Section 374 (2) of the Code of Criminal Procedure, 1973, is directed against the Judgment dated 24-03-2003 passed in S.C.No.154 of 2001 on the file of the Court of the Sessions Judge, Sessions Division, Vizianagaram, whereunder A-1, A-8, A-12, A-21 and A-24 were found guilty for the charge under Section 302 of the Indian Penal Code, 1860, (for short 'IPC') for causing the death of I.Appalaswamy (D-1) and sentenced to undergo imprisonment for life and to pay a fine of Rs.500/- each and in default of payment of fine, to undergo six months simple imprisonment, and A-2 to A-7, A-10, A-14 to A-17, A-22, A-25, A-27, A-28, A-37, A-40 to A-45 and A-56 were found guilty for the charge under Section 302 read with 149 IPC in respect of the death of I.Appalaswamy (D-1) and sentenced to undergo imprisonment for life and also to pay a fine of Rs.500/- each and in default of payment of fine, to undergo simple imprisonment for three months. So also, A-1 to A-7 were found guilty for the charge under Section 302 IPC for causing the death of P.Appalanaidu (D-2) and sentenced to undergo imprisonment for life and also to pay a fine of Rs.500/- each and in default of payment of fine, to undergo simple imprisonment for three months each. Whereas A-8, A-10, A-12, A-14 to A-17, A-21, A-22, A-24, A-25, A-27, A-28, A-37, A-40 to A-45, A-47 and A-56 were convicted under Section 302 read with 149 IPC for causing the death of one P.Appalanaidu (D-2) and they were sentenced to undergo imprisonment for life and also to pay a fine of Rs.500/- each and in default of payment of fine, to undergo simple imprisonment for three months. Some of the accused were also found guilty for the charges under Sections 148, 323, 325, 427 and 452 IPC and various sentences have been imposed on them. The other accused i.e., A-9, A-11, A-13, A-18, A-19, A-20, A-23, A-29, A-30 to A-36, A-38, A-39, A-46, A-48, A-49, A-50 to A-57 were found not guilty for the charges levelled against them and accordingly they were acquitted.

(2.) The appellants herein are A-1, A-2, A-3, A-4, A-5, A-6, A-7, A-8, A-10, A-12, A-14, A-15, A-16, A-17, A-21, A-22, A-24, A-25, A-27, A- 28, A-37, A-40, A-41, A-42, A-43, A-44, A-45, A-47 and A-56.

(3.) The brief facts that are necessary for the disposal of the present criminal appeal as depicted by the prosecution may be stated as follows: PW-1 is the wife and PW-2 is the son of P.Appalanaidu (D-2). PW-3 is the wife of I.Appalaswamy (D-1). All the accused, deceased and all the material witnesses are the residents of Ramannapeta Village in Vijayanagaram. All the accused are the supporters of Telugu Desam party. Both the deceased and all the material witnesses are the supporters of Congress-I party. Deceased No.2 was the Sarpanch of the said village. A-3, A-6 and A-7 are the manufacturers of the Illicit Distilled Liquor. The preparation of I.D. liquor was stopped as against the protest made by Mahila Sangam of their village, which was also supported by D-2. Therefore, the village was declared as Spandana village. For that reason, the accused bored grudge against the deceased and all the supporters of the Congress party, which led to group clashes, and cases and counter cases against each other were filed. It is the further case of the prosecution that one Mentada Rambabu, who is the son of Suryanarayana, belonged to the accused group, sent a love letter to Deepika (niece of PW-1 and D-2). In this connection, both the parties had clashes and some persons on either side were arrested. On 29-01-2000, there was a rumour that one person from accused party was killed and on that protest in the early hours at about 6.00 A.M., the accused armed with sticks went to the house of the deceased No.2 and A-1 to A-7 entered into the house by breaking the doors and beat D-2. They further caused damage to the furniture in the house of D-2. A-1, A-8, A-12, A-21 and A-24 went to the house of D-1 and he was also beaten. Thereafter, all the accused proceeded in the village and beat all the supporters of Congress party. PWs.4 to 33 are the injured witnesses, who sustained injuries. Thereafter, all the injured were taken to the Government Hospital, Gajapathinagaram and during the course of treatment, D-1 and D-2 were shifted to K.G. Hospital, Visakhapatnam.