ERRI SUBBIREDDY Vs. STATE

JUDGEMENT

(1.) This revision case is directed against an order committing the petitioners to take their trial under sections 148, and 302 read with 149 before the Court of Session.

(2.) The case of the prosecution was that two years prior to the occurrence A-1 removed the stones from the land of the deceased about which the deceased sent a petition to the Revenue Authorities. This is said to be the grievance of A-1. A-1 was the Village Munsif and perhaps being afraid of him, the deceased and his father-in-law left the village and settled down temporarily at Proddatur. It is alleged that in their absence, the house of the deceased was looted by the followers of A-1. When the deceased was taking away his belonging in a bullock cart it is alleged that A-1's followers attacked the cart and took away the articles. The deceased and his father-in-law again changed their residence and moved to another village. A-6 it is said filed O.S. No. 361 of 1964 before the District Munsif, Proddatur for recovery of a sum of Rs. 1845/-andit stood posted for 4th March, 1965.

(3.) The deceased and P.W. 1 went to Proddatur on 3rd March, 1965, in order to attend the Court the next day and took their meals at 8 P.M., in the hotel of one Subbamma. After taking their meals when they were sitting on the pial of the hotel, the accused are said to have come there armed with daggers and on seeing them, the deceased and P.W. 1 went inside the hotel. It is alleged that the accused chased the deceased and killed him by stabbing him while he was in the kitchen, P.W. 1 who hid himself, informed the hotel keeper and went to the II Town Police Station and gave a complaint in the presence of the village Munsif and Karnam of Proddatur Town. Then the investigation was taken on hand and the accused were accordingly charge-sheeted.