SHAIK SAIDULU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The appellant has challenged his conviction under S. 302 of the IPC and sentence of imprisonment of life passed by the III Additional Sessions Judge, Guntur in Sessions Case No. 254 of 1994.

(2.) A resume :- There were two political factions in village Kasanupalli, one led by deceased Bolla Venkaiah and the other rival faction headed by one late Nelluri Pedaramaiah. The appellant-accused as well as acquitted accused persons A-2 to A-5 was in the party of late Nelluri Pedaramaiah. There was bad blood between these two factions. Late Nelluri Pedaramaiah was the brother of A-2 and cousin of A-3. About seven or eight years prior to the date of incident, Nelluri Pedaramaiah was murdered and the deceased Bolla Venkaiah was also tried along with other persons for committing his murder, but was acquitted. He was the Sarpanch of the village and the deceased Bolla Venkaiah was the Upa-Sarpanch. In the Gram Panchayat elections held about three or four months prior to the date of incident, the party of the deceased Bolla Venkaiah obtained four seats, while the party of the appellant secured six seats. The deceased Bolla Venkaiah wanted to become Sarpanch. The appellant-accused succeeded in defecting to the party of the deceased Bolla Venkaiah by obtaining Rs. 3,000.00 as consideration for the same and, as a result of his defection, the deceased Bolla Venkaiah became the Sarpanch of his Gram Panchayat. Though defected, he continued his loyalty to his original party.

(3.) On 24-8-1988 at about 1-00 P.M., the appellant went to the house of the deceased Bolla Venkaiah with Shaik Nagulu PW-7 and presented one bottle of whiskey and one fowl to him in presence of his wife PW-2, daughter PW-3, son PW-4 and farm servant PW-5 on the eve of Peerla Festival (Moharam) and went away.