ANNAPUREDDY VIJAYA Vs. STATE INSP OF POLICE

JUDGEMENT

(1.) THIS Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C') is filed by the revision petitioner herein challenging the calendar and judgment dated 08.11.2006, passed by the Sessions Judge, Guntur, in Sessions Case No.503 of 2005.

(2.) THE revision petitioner herein is the de facto complainant, whereas respondent No.1 is the complainant/State and respondent Nos.2 to 5 are A.1 to A.4 in Sessions Case No.503 of 2005 before the trial Court. For the sake of convenience, the parties hereinafter will be referred to as they are arrayed in the Sessions Case before the trial Court.

(3.) THE brief facts of the case are that A.1 is working in a chicken stall near Market Centre, Chilakaluripet. A.2 to A.4 are his associates. On 13.04.2005 at about 8:00 p.m, one Annapureddy Umamaheswararao (hereinafter referred to as 'the deceased') along with his friends PWs.4, 5 and five others went to A.1, unnecessarily picked up a quarrel with him and fisted on his mouth, for which there was small injury occurred to A.1 and blood oozed from the injury. Then, A.1 tried to run away. But, the deceased and others caught A.1 and caused bleeding injury to him by hitting with a napa stone on his head. A.1 immediately went to a private hospital, got first aid and went home. Thereafter at about 10:30 p.m, A.3 and A.4 went to the house of A.1 and inquired him about the happening. By then, A.2 was already present with A.1. Then, all the accused A.1 to A.4 decided to do away with the deceased. According to their plan, they went to the house of deceased in the early hours of 14.04.2004 at about 04:00 a.m, A.3 and A.4 remained outside the house of deceased and were guarding at that time, A.1 and A.2 entered into the house and entered the room, where the deceased was sleeping with PW.2, woke him up, sprinkled chilly powder in his eyes and stabbed him indiscriminately, due to which he died on the spot. PW.2 due to fear pushed A.1 and A.2 rushed out of the room, where A.3 and A.4 caught and bet him with hands. PW.2 escaped from the clutches of the accused and went to the house of the sister of PW.1, where PW.1 was staying on that night to attend on her ailing sister, and informed her about the attack on the deceased. Then, PW.1 ran towards her house and in the meanwhile, she saw A.1 to A.4 fleeing away. Thereafter, PW.1 went to the police station and gave a report and the same was registered as a case in Cr.No.97 of 2005 for the offence punishable under Section 302 read with 34 I.P.C. The Investigating Officer, after registering the case, took up investigation, apprehended the accused, recovered the weapons of offence and after completing the investigation, filed charge sheet into the Court.