MASOOLA MASTAN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is preferred by A-1 to A-10 in S.C. No. 532 of 2001 on the file of the III Additional Sessions Judge, Anantapur. All the accused were charged for the offences under Sections 148, 302 under three counts, 302 read with 149 underthree counts and 307 of IPC. They denied the charges and claimed for trial.

(2.) The prosecution story leading to the conviction of the appellants is briefly as follows: P.W.6 is the wife and P. W.4 is the cousin brother of D-1. P.W.7 is the wife of D-3. D-1 and D-3 are agriculturists and D-2 was an MPTC member of Singanamala Mandal. They are all residents of Loluru village. The offence took place on 16-2-2000 at about 10-00 PM near Loluru cross roads. D-1 had illicit intimacy with one Kuliayamma, the sister of A-6. On account of that, there was a quarrel between D-1 and A-6 on the date of offence at 4-00 PM and they beat each other as a result of which D-1 received injuries. On the date of offence at about 7-30 PM, D-1 to D-3 and P.Ws. 1 and 4 went to a private hospital at Ananathapu r for treatment to the injuries received by D-1. While they were returning to their village by foot, after getting down from a lorry at Loluru cross road at 12-00 midnight, A-1 to A-10 suddenly emerged from the bushes and surrounded D-1 to D-3. A-1 and three others attacked D-1 by hacking on the neck and right side of the skull above the ear. A-4, A-5 and A-7 hacked D-2 with sickles. While D-3 was running, A-8 to A-10 chased him and attacked with sickles. When A-6 tried to kill P.W.4, he caught hold of the sickle, pushed A-6 and ran away, as a result of which he received an injury on his right hand fingers and left thumb. Thereafter, P.W.s. 1 and 4, being afraid of going to their village, went to Ananthapur and from there went to Singanamala Tank, got drafted Ex.P-1 complaint and presented the same to Singanamala Police Station. On 17-2-2000 at 7-00 A-M, the police registered it as a crime and the Inspector of Police took up investigation, visited the scene of offence along with the mediators and witnesses, observed the scene of offence, held inquest overthe dead bodies of D-1 to D-3 and sent the dead bodies to postmortem examination. The doctors after conducting postmortem examination, opined that all the deceased died due to shock and hemorrhage due to multiple injuries received by them. The sub-inspector of Police arrested A-1 to A-10, and sent them for judicial custody. After completion of the investigation the police laid the charge sheet.

(3.) The prosecution, in order to prove the guilt of the accused, examined P. Ws.1 to 13 and marked Exs.P-1 to P-18 and M.Os. 1 to 18. No oral evidence was adduced of defence side, but Exs.D-1 and D-2 were marked. After conclusion of the trial, the lower Court came to a conclusion that the prosecution proved the guilt of the accused beyond reasonable doubt.