NOOTHY RAGHAVULU, NOOTHI RAMULU Vs. THE STATE

JUDGEMENT

(1.) This appeal is directed against the convictions and sentences passed by the learned Addl. Sessions Judge, West Godavari in S.C. 22 of 1973. The appellants are the two accused who have been tried for an offence punishable under Section 302 read with 34 I.P.C. and have however been convicted under section 304 Part II I.P.C. Each of the two appellants has been sentenced to suffer R.I. for ten years.

(2.) The facts of the case are: Nooty Gopalaswamy, Nooty Krishnamurthy and Nooti Ganga Raju (the deceased in this case) are brothers. They partitioned their properties about 10 years ago. Krishnamurthy has a son by name Lalayya (P.W. 11). The two accused are the sons of Gopalaswamy. The deceased, his two sons his wife (P.W. 1) and P.W. 1's paternal uncle's daughter (P.W. 2) were all living together. After their marriages, the sons of the deceased had been living separately in the village of Kummuvari Kannapuram. The deceased, P.W. 1 and P.W. 2 have been living in a hut outside the main village and near their fields. After the death of his father, P.W. 1 was, living in Challa Chintalapudi Village. The deceased was complaining that the properties were not partitioned equitably and that a land near his house which fell to the share of P.W. 11 should be re-distributed amongst the sharers. After cultivating the land which is close to the hut of the deceased for sometime, P.W. 11 sold it away to the two accused who did not, however, pay the entire sale price. According to the prosecution, the land was fallow since the last few years. About 10 days before 7-11-1972 there was a dispute between the deceased and the accused regarding the land and P.W. 7 advised them to settle the matter amicably and through mediators. On 7-11-1972 at about 7 or 7-30 a.m. the two accused were ploughing the land. The deceased who saw the ploughing from his hut, went to the land protesting against the action of the accused. When the accused did not pay heed to his protest but continued to plough, the deceased unyoked the bulls from the yoke and drove them away. A-2 there upon beat the deceased with a stick on his back, hands and head. The deceased retaliated and beat A-2 there upon beat the deceased with a stick on his back, hands and head. The deceased retaliated and beat A-2 with the stick on his hand. A-1 who was armed with a tapper's knife and also a stick, attacked the deceased with the stick in his hand. The deceased beat A-1 also with the stick in his hand. A-1 thereupon cut the deceased with the tapper's knife on the head and hands three or four times. The deceased fell down and succumbed to the injuries soon thereafter. Both A-1 and A-2 left the place with the weapons in their hands. P.W. 1 the wife of the deceased and P.W. 2 the sister-in-law of the deceased witnessed the occurrence. P.W. 3 a nephew of the deceased heard about the incident and went to the place. He was told by P:Ws. 1 and 2 that the two accused beat the deceased to death with sticks and knife. He went to Munduru to report the matter to the Village Munsif and as the village Munsif was not available, he went to Eluru and gave a report to the Police under Ex. P-1.

(3.) The plea of the accused was one of complete denial. In the course of the cross-examination of the prosecution witnesses it was suggested that the land in dispute was in their possession on the date of the occurrence and while they were ploughing the land the deceased trespassed into the land, unyoked the bulls from the plough and beat both of them with a Ragolukarre.