KOPPULA REEZU LACHAIAH Vs. STATE OF A P

JUDGEMENT

(1.) This criminal appeal is preferred by the appellants/A1 to A3 in Sessions Case No.303 of 1997 on the file of the Court of the District and Sessions Judge, Warangal, questioning their conviction for the offence punishable under Section 326 read with 149 of the Indian Penal Code, 1860 (for short "IPC") and sentence of rigorous imprisonment for a period of three years imposed by the Court below, vide judgment dated 24.03.2000.

(2.) The case of the prosecution, in brief, is as follows. There were civil disputes between the accused and the victim's family. While so, on 03.04.1995 there was an altercation between one Yesupadam, A1 and A3 on one hand and P.W.2 on the other, with regard to storing of red gram straw in the field. On the same night the straw was set to fire, for which the victim's family suspected the involvement of accused and the said Yesupadam, and thereby lodged a complaint against them. On the next day i.e., on 04.04.1995 at about 8.00 P.M., when P.W.2 was standing in front of the house of his elder brother Venkataratnam, A1 went there and picked up quarrel with him for lodging a complaint against them for the offence of arson, and both of them started abusing each other. Meanwhile, A2 and A3 joined with A1 and forcibly took P.W.2 towards their house, where A1 to A5 attacked him. A1 beat him with an axe, A2 beat him with stick and A3 to A5 beat him with hands indiscriminately resulting severe bleeding injuries to P.W.2, and P.W.2 fell unconscious. The wife of P.W.2, who was examined as P.W.1 witnessed the entire incident and lodged a complaint against the accused at 6.30 A.M., on the next day, which was registered as a case in Crime No.39 of 1995 by the Seerole Police for the offences punishable under Sections 148 and 307 read with 149 IPC against the accused and investigated into. During the course of investigation, the police recorded the statements of the witnesses and referred the injured to the Government Hospital, Mahabubabad for treatment. Panchanama of the scene of offence was conducted and subsequently on 30.05.1995 A1 to A5 were arrested and based on their confession M.O.1-axe was seized from A1 and M.O.2 stick was seized from A2 in the presence of mediators. After completion of investigation, charge sheet was laid against the accused, which was taken on file as P.R.C.No.19 of 1997 by the learned Judicial Magistrate of First Class, Mahabubabad.

(3.) As the offence punishable under Section 307 IPC is exclusively triable by the Sessions Judge, the Committal Magistrate committed the PRC to the Sessions Division, Warangal, and it was numbered as Sessions Case No.303 of 1997.