JAKKULA CHIMA MALLAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Accused Nos. 2 to 6 and 8 in Sessions Case No. 18 of 1993 on the file of the I Additional Sessions Judge, Karimnagar, are the appellants herein. Originally, accused Nos. 1 to 10 were prosecuted for three different charges; the first charge against accused 1 to 10 was under Section 148, IPC. The learned Sessions Judge found that the prosecution was able to prove the said charge against accused Nos. A-2 to A6 and A-8 and therefore each of them were convicted under Section 148, IPC and sentenced to undergo R.I. for a period of six months. The second charge was against A-1 under Section 324, IPC for causing simple hurt to P.W.2. A-1 died during the pendency of the trial and therefore the case against A-i stood abated. The third charge against A-1 to A-b was under Section 302 read with 149, IPC. The learned Judge found that the prosecution was able to prove the said charge against A-2 to A6 and A-8 and therefore they were sentenced to suffer R.I. for life and to pay a fine of Rs. 1001- in default to suffer S.I. for two months. Rest of the accused were acquitted for the said charge. Accused Nos. 2 to 6 and 8 home preferred this appeal on various grounds as stated in the appeal Memo.

(2.) The prosecution story can be briefly narrated as follows:

(3.) P.W. 1 happens to be the wife of the deceased Venkatarajam. P.W2 is the mother of the deceased and P.W3 is the younger brother of the deceased. It is alleged by the prosecution that there were some land disputes between the deceased and his agnates. In the said dispute the accused had supported the agnates of the deceased and therefore the accused and the prosecution witnesses and the deceased were on inimical terms and a criminal case was pending against the deceased and P.W3. It is further alleged by the prosecution that on the day of incident, i.e., on 11- 6-1992, at about 8 p.m. there was some commotion in the house of P.W. 4. It was believed that the wife of P.W. 4 was playing sorcery against the said persons. When commotion was observed by P.Ws. 1 to 3 they went to the house of P.W.4. After some time accused 1 to 10 appeared at the scene of offence. A-1 was alleged to be armed with a knife A-3 and A-4 were armed with axes and the remaining accused were having sticks and stones. On seeing the accused, the deceased started running away from the house of P.W.4. He went towards the house of P. W. 6. The accused were alleged to have chased them. P.Ws.1 and 2 also ran away along with the accused upto the house of P.W.6. Accused 2, 3 and 6 tried to chase them. P.W.3 ran away to his own village. After chasing the deceased upto the house of PW.6, A1 is alleged to have stabbed the deceased on his neck. The deceased requested A-1 to leave him as he is having children and he has to support them. Even then A-1 is alleged to have stabbed him. A2 beat the deceased with an axe on his right shoulder. A-8 beat the deceased with an axe on his neck. A-4 and A-6 beat the deceased with sticks on his body and the other accused threw stones on the person of the deceased.