PETA VENKATESU Vs. STATE

JUDGEMENT

(1.) The nine accused in Sessions Case No. 11 of 1964 in the Court of Session, Cuddappah, are the appellants. They are convicted and sentenced as follows :-A-1 to A-9 convicted Under section 148 Indian Penal Code and each of them sentenced to rigorous imprisonment for 3 years and further convicted Under section 302 read with sections 34 and 149 India Penal Code and each of them sentenced to imprisonment for life ; A-3 convicted under section 323 Indian Penal Code and sentenced to R.I. for 6 months; A-l, A-2 and A-4 to A-9 convictesd under section 323 read with section 149 Indian Penal Code and each of them sentenced to R.I. for 6 months ; A-2, A-4, A-7 and A-9 convicted Under section 323 read with Section 34 Indian Penal Code and each of them sentenced to R.I. for 6 months; A-8 convicted under section 323 read with section 149 Indian Penal Code and sentenced to R.I. for 6 months ; A-3 convicted under section 325 Indian. Penal Code and sentenced to R.I. for 2 years; and A-2, A-5 and A-6 convicted under section 325 read with section 34 Indian Penal Code and each of them sentenced to R.I. for 2 years.

(2.) The said accused were charged with having committed the said offences in prosecution of their common object at about morning meal time on 19th October, 1963, near the Ramaswami temple in the village of Seethampalle, Proddatur Taluk, when they killed one China Venkata Subbanna alias Chevitanna of Ramadaspuram and caused injuries to P.Ws. 2, 3 and 4.

(3.) Accused 1, 2 and 6 to 9 are Upparas and are related to each other. Accused' 3, 4 and 5 are Kapus who have close associations with the Upparas as A-3 and A-4 married Uppara women. The deceased was also an Uppara. There was quarrel between the deceased Chevitanna on the one side and A-3 and A-4, their brother Narayana and father Bandi Subbanna on the other about 4 days prior to the occurrence because Chevitanna planted a sapling of a Sunkesula tree in his hay yard. The said accused persons and other members of their family objected saying, that the site where Chevitanna planted the sapling belonged to them and pulled out the sapling. Claiming that the site belonged to him, Chevitanna once again planted the sapling. Thereupon the said accused became angry, and saying: how Chevitanna dared replant the sapling which they had removed, brandished the weapons that they had. The 4th accused, who had a ' Betchu Goddali' (an axe), cut on the left ring fingure of Chevitanna. P.Ws. 1 to 4, who were then present, sided Chevitanna. The said accused left the place threatening what fate awaited Chevitanna.