STATE OF ANDHRA PRADESH Vs. PERLA SOMASEKHARA

JUDGEMENT

(1.) This appeal is preferred by the State represented by the Public Prosecutor challenging the Judgment of the III Additional Sessions Judge, Kadapa, dated 12-4-2004 in S.C. No. 174 of 1999 acquitting all the accused for various offences including the offence under Section 302 of I.P.C.

(2.) The case of the prosecution is briefly as follows: A-1, A-2, A-5 and A-19 are brothers and A-19 is the Chairman of the Agricultural Market Yard, Pulivendula. The other accused are followers of A-19 and supporters of Telugu Desam Party. The deceased Y.S. Raja Reddy was an Ex-Sarpanch of Pulivendula. PW-1 is the Driver, PW-2 is the Private Body Guard, PWs.3 and 4 are Carpenters, PWs.5 and 6 are residents of Gondipalli Village of Vemula Mandal and PWs.7 and 8 are residents of Vemula Village. In January, 1996, the deceased and his followers attacked A-19 and caused grievous injuries to him. Since then A-19 and his associates have decided to do away with the deceased. On 23-5-1998, the deceased along with PWs.1 to 4 went to his Estate situated at Gandi Village in a car. When he was returning to Pulivendula and when the car reached Vemula Village, they found stagnation of water on the road near MDO Office. PW-1 slowed down the car to cross the water. At that moment, A-1 to A-13, A-16 and A-17 surrounded the car. When A-1 exhorted, the other accused uttered "Kill Raja Reddy" and A-2 hurled a bomb on the deceased and the front glass of the car was broken. A-3 to A-13, A-16 and A-17 also hurled bombs on the car. The bomb hurled by A-3 hit the head of the deceased and exploded causing blasting of his skull resulting in his instantaneous death. The bombs hurled by the other accused hit the deceased and PWs.1 to 4. They suffered splinter injuries all over the body and the car was also badly damaged. Due to explosion of bombs, A-5 sustained splinter injuries and fell down unconscious. A-5 was shifted to the house of his uncle by the other accused and PWs.1 to 4 were shifted to Pulivendula Hospital for treatment. PW-25, the Head Constable of Pulivendula Police Station, went to the hospital and recorded the statement of PW-1 at 4-00 p.m. and forwarded the same to Vemula Police Station on the point of jurisdiction. On the basis of the said complaint, a crime was registered at 5-45 p.m., and they sent the FIR to all concerned. PW-30, the Inspector of Police, took up the investigation, held inquest over the dead body of the deceased from 9-00 p.m. to 12-00 midnight and got conducted post-mortem examination over the dead body of the deceased. Immediately after inquest PW-32 took up further investigation and arrested the accused on various dates. On surrender of A-15, a judicial confession was recorded under Section 164 of Cr.P.C., by PW-17, the then III Additional Junior Civil Judge, Cuddapah, and the case property was sent to Forensic Science Laboratory for examination and after getting the report and obtaining sanction from the Collector, a charge-sheet was filed against all the accused. Charges were framed against the accused for the offences under Sections 120-B, 148, 302, 302/149, 307, 307/149, 435, 435/149 of I.P.C. and Sections 3, 5 and 6 of the Explosive Substances Act. All the accused denied the charges and claimed for trial.

(3.) A-5 died on the date of offence and A-8 died during the pendency of the case, therefore, the charge-sheet was not filed against A-5 and the case stood abated against A-8. Charge-sheet was not filed against A-14.