B VENKATRAMAIAH Vs. STATE OF A P

JUDGEMENT

(1.) These appeals are directed against the judgment passed by the learned Sessions Judge, Guntur in S.C. No.209 of 1991 dated 18.5.1995. Criminal Appeal No.336 of 1995 is filed by the accused Nos. 1 to 3, 5 to 13,15 to 19,26 and 38; and Criminal Appeal No. 337 of 1995 is filed by A. 14, A.20 and A.35. During the pendency of the trial, A 36 and A.41 died. Before the Sessions Court, A.1 to A.44 were tried for various offences, the details of which are shown hereunder: The accusation made against the accused is that on 24-4-1990 at 6-00 P.M., all the accused armed with axes, bombs, spears, sticks and stones caused the death of one Yadla Siva Ramaiah near the house of Malladi Nageshwara Rao and during the course of same transaction caused injuries to Peruboyina Venkataswami (P.W.1) and Peruboyina Srinivasa Rao (P.W.2).

(2.) The story of the prosecution reads as follows: All the accused and P.Ws. 1 to 7 are residents of Ikkurru village, situated in the local limits of Narasaraopet, The deceased-Yadla Siva Ramaiah is also the resident of the same village. The Kammas and Mutharasis are the dominant communities In the village. There is factional enemity between the factions of the accused and the prosecution witnesses. Most of the accused are Kammas and they are inter-related. A.1, A.2 and A.5 are brothers; A.8to A.12 are sons of A.7; A.13 is the son of A.8; A.39 and A.40 are sons of elder brother of A.7 ; A.36 (died) was the son-in-law of A.9 ; A.36 and 37 are brothers ; A.20 is the father-in-law of A.1; A.29, A.30 and A.31 are own brothers and sons of A.28; A. 15, A. 16 and A. 17 are brothers and they are cousin brothers of A.28; A.21 and A.22 are sons of A.15; A.32 is the son of A.16; A.18 and A.19 are brothers; A.1 is the paternal grand-father of A.8 and A.9.

(3.) The factions in the village date back seven to eight years prior to the date of incident. The accused belong to Kamma Community and A.1 to A.8 are the leaders. A.1 was the Sarpanch of the village, on the date of the incident. The prosecution party belong to Mutharasi Community, and the deceased and one K. Anjaneyulu were their leaders. There were number of cases pending between both the groups.