G.VENKATESWARA RAO Vs. STATE OF A.P.

JUDGEMENT

(1.) This criminal petition is filed under Sec. 482 of Criminal Procedure Code (for short "Cr.P.C.") to quash the proceedings in S.C.No.250 of 2017 on the file of the I Additional District and Sessions Judge, Ongole, Prakasam District corresponding to Crime No.140 of 1995 on the file of Ongole Town Police Station, Prakasam District, registered for the offences punishable under Ss. 147, 148, 307 and 302 read with 149 of Indian Penal Code (for short "I.P.C.") and Sec. 25 and 27 of the Arms Act. Petitioners herein are accused Nos.3, 4 and 7.

(2.) The case of the prosecution is that crime No.140 of 1995 was registered against 8 persons. Accused Nos.1 to 8 are known to each other and very close associates. With avowed ideology of the Peoples' War Group, the members of P.W.G. and their associates organised attacks on law abiding citizens whom they dub as class enemies. Magunta Subbarama Reddy was a member of Parliament and elected on the Congress-I Ticket in the year 1991 from Ongole Constituency, Prakasam District and one of the leading industrialists of South India. He was a sole distributor for the Mcdowell Brand Liquor for South India. After he became a Member of Parliament in the year 1991, he started taking keen interest in his constituency by promoting several welfare schemes and was serving many poor persons and the downtrodden. One V.Nagabhushanam, retired Tahsildar was functioning as Assistant to him. During the year 1995, the accused and others entered into criminal conspiracy to do away the life of Magunta Subbarama Reddy and in pursuance of the criminal conspiracy, Rayalaseema Reddeppa supplied money to accused Nos.1 to 7 to accomplish the common object of murder and Vemu Rama Rao @ Prasad engaged car bearing No.AAG 8300 belonging to accused No.2 in the month of November, 1995 and all the accused formed themselves into members of an unlawful assembly, entered into the Office-cum-resience of Magunta Subbarama Reddy on 1/12/1995 at 01.40 p.m. and committed the alleged offences. While the accused were escaping, they committed theft of the car bearing No.AEE 2999 belonging to Sri Yada Srinivasa Rao and during the same transaction, they attempted to murder Subba Reddy and Penchal Reddy having committed trespass. During the course of same transaction, accused No.1 fired at the deceased Magunta Subbarama Reddy, Chappidi Venkata Ratnam, Chennareddy Penchal Reddy by using his unlicensed 0.45" pistol and thereby committed the offence punishable under Sec. 27 of the Arms Act and that accused No.2 facilitated accused No.1 and others to escape after commission of the offence and he was in possession of four live 7.63 cartridges without valid licence and thereby accused No.2 committed an offence punishable under Sec. 25 of Arms Act. After completion of the investigation, police filed charge sheet against the accused for the offence punishable under Ss. 147, 148, 307, 302 read with 149 of I.P.C. As the offences alleged against the accused are triable exclusively by the Court of Sessions, the case was committed to the Court of Sessions, Prakasam Division. Subsequently, the case was transferred to the Metropolitan Sessions Division, Hyderabad, as per the orders of the High Court and the case against accused Nos.1 and 2 was renumbered as S.C.No.315 of 1997. After full-fledged trial, Sessions Court found accused Nos.1 and 2 guilty and convicted and sentenced accused Nos.1 to suffer imprisonment for life each for the offence punishable under Sec. 302 of I.P.C., under Sec. 120-B, 449, 307 read with 149 of I.P.C. and also sentenced to suffer rigorous imprisonment for one year for the offence punishable under Sec. 147 of I.P.C. and rigorous imprisonment for two years each for the offence punishable under Sec. 148 of I.P.c. and rigorous imprisonment for seven years for the offence under Sec. 397 of I.P.C. and rigorous imprisonment for five years for the offence under Sec. 25 (1-A) of the Arms Act and also sentenced accused No.2 to suffer imprisonment for life each for the offence under Sec. 120-B, 302 read with 149 of I.P.C. on two counts, 307 read with 149 of I.P.C. on two counts, and further sentenced to suffer Rigorous imprisonment for one year for the offence punishable under Sec. 147 of I.P.C. and to suffer rigorous imprisonment for 7 years for the offence punishable under Sec. 397 of I.P.C., to suffer rigorous imprisonment for two years for the offence under Sec. 506 of I.P.C. and to suffer rigorous imprisonment for 5 years for the offence punishable under Sec. 25 (1-A) of the Arms Act. The present petition has been filed seeking to quash the proceedings against accused Nos.3,4 and 7 in S.C.No.250 of 2017 on the file of the I Additional District and Sessions Judge, Ongole.

(3.) On 24/4/2019, when the matter is listed for admission, this Court passed the following interim order: