KAVATI BALAMALLU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) In Sessions Case No, 27/84 on the file of the Sessions Judge Nizamabad 19 accused were tried for the offences punishable under Secs, 147, 148, 323, 323 r/w Sec. 149 348, 348 r/w Sec. 149. 324, 324 r/w Sec. 149, 326 326 r/w Sec. 149, 30? and 302 r/w Sec. 149 of the Indian Penal Code. The learned Sessions Judge convicted A1, A3, A5 to A8, A12 and A 16 and acquitted the rest of the accused. He convicted At, A3, A5, to A3, A12 and A-16 under Sec. 147 IPC and sentenced each of them to suffer R. I, for six months. A-6 and A-16 were convicted under Sec, 348 IPC and sentenced to suffer R.I. for six months each. A1, A3, A5, AS and A12 were convicted under Sec. 348 r/w Sec. 149 IPC and sentenced each of them to suffer R I. for six months. A-5 was convicted under sec. 302 IPC and sentenced to suffer imprisonment for life. A1 A3 A6 to A8 A12 and A16 were convicted for the offence punishable under Sec. 302 r/w Sec. 149 IPC and each sentenced to suffer imprisonment for life. The sentence imposed are directed to run concurrently.

(2.) The case of the prosecution is as follows: The accused, the deceased arid some of the material witnesses belong to Tuljapur village in Nizamabad district. PW 4 is the mother of the deceased. On the intervening night of 23/24-1-1984 at about 2am the deceased entered into the house of P W 6 and snatched away the gold gundlu from PW 8, wife of P W 6 and proceeded towards the Verandah and found P W 7 (son of P Ws 6 and 8) sleeping and tried to snatch away the silver armlet. P W 7 woke up and raised hue and cry and started chasing the deceased. The deceased tried to escape by scaling over the compound wall. Than P W 7 caught hold of his legs and pulled him down. Al to A3 and A5 arrived on hearing the cries to the place and other accused also joined them. All the accused formed into an unlawful assembly with a common object and caught hold of the deceased and started beating indiscriminately. They tied his hands and legs and dragged him to the village chavidi and there also he was beaten. While beating was going on A1 and A8 went and broupht a tin of kerosene and A-1 sprinkled the kerosene on the deceased A 6 and A-16 tied the deceased to a Neem tree. A-3, A-7, A'8 and A-12 instigated to set fire to the deceased. A-5 lit a match stick and set fire to the deceased. P Ws 2 and 3 who saw this went to Bibipet out post Police Station and reported to P W 1 the Police Constable. After making entry in the General Diary (Ex. P1) he went to the village and found the deceased with burns. P.W. 1 tried to speak with the deceased The deceased twice opened his eyes and died. PW 1 found PW 4 the mother of the deceased and PW 5 by name Manjula. PW1 has spokarv to them and thereafter he went to Dom- konda police station and gave a report Ex. P 2 to the Sub-Inspector of Police who registered a crime and issued express F I Rs. P W 17 the Circle Inspector of Police who received the message picked up PW 16 the Sub-Inspector of Police and reached Domakonda village at about 12-45 p mand held inquest and examined P Ws 4 to 9 and seized M Os. 1 to 5 and thereafter he sent the dead body for post mertem. P W 14 the Wedical Officer held the autopsy and found five contuasion and one lacerated wound and opined that the death was due to shock as a result of burns. The Investigating offiaer recorded the statement of P. Ws. 1 to 9 and arrested the accused. Meanwhile C. B., C. I. D. was directed to hold investigation. P W 18 the Deputy Superintendent of Police laid the charge- sheet.

(3.) P. W. 4 the mother of the deceased and his sister insisted for a Commission to enquire into the matter. Accordingly a Commission was appointed and an enquiry was conducted and the Commission submitted its report.