PUBLIC PROSECUTOR Vs. GOTTIPULLA VENKATA SIVA SUBRAHMANYAM

JUDGEMENT

(1.) The respondents, ten in number, hereinafter called the accused were charged for offences punishable under sections 147, 148, 302 read with section 34 or 149, 326, 324, 323 read with sections 34 or 149 and 426, Indian Penal Code and under section 19 (a) of the Indian Arms Act before the Additional Sessions Judge, Masulipatnam in Sessions Case No. 19 of 1962. It was alleged that having constituted themselves into an unlawful assembly with the common object of resisting any attempt on the part of the prosecution witnesses to remove a bund, the accused inflicted injuries on the prosecution witnesses and caused the death of three of them by the use of fire arms, while the latter attempted to remove the bund.

(2.) The dispute relates to the cross-bunding of a portion of a small tank known as Gabbilalakunta in Surampally village, which as formerly a Mokhasa village lying in the Zamindari of Mirzapuram. A-1 to A-4 are Mukhasadars, i.e., sharers in the Mukhasa which has been acquired by the Government in 1950. They have wet cultivation on the south of the said Kunta. In Government records for some time this Kunta was registered as ' A ' Register Poramboke and there is no controversy as regards its ownership vesting in the Government subsequent to the abolition of estates. A portion of this kunta was occupier by some of the prosecution witnesses, viz., P.Ws. 13, 14 and others who are referred to hereinafter as occupiers. It is the case of the occupiers that they were cultivating eastern portion of the land and raising crops from a number of years even prior to the acquisition of the estate by the Government. The Kunta was rain-led and, therefore, due to paucity of rain water they did not cultivate the lands for three years 1958-1960. They resumed cultivation in 1961, but even prior to it, on the interference of the Mukhasadars they had filed a suit, O.S. No. 219 of 1957, on the file of District Munsif's Court, Nuzvid, for restraining the Mukhasadars from interfering with their possession and obtained an interim injunction, which was ultimately confirmed. As stated earlier it was in June, 1961 the occupiers raised crop after a lapse of nearly three years. On 4th September, 1961 there was heavy rain ana it is the case of prosecution that on 5th September, 1961, the accused-Mukhasadars put up a cross-bur.d on the western side of the Kunta with the result that the crop raised by the occupiers was completely submerged. The occupiers thereupon caused a breach in the bund, but it was restored by the other side. The Mukhasadars-accused apprehending further attempt on the part of the occupiers raised two huts by way of shelter near the bund and kept a watch over it armed with sticks, spears and a DBBL gun to meet any resistance on the part of the occupiers.

(3.) The Mukhasadats claimed that this Kunta had been declared an irrigation source for their wet lands, that the bund was already there and the occupiers were trying to remove the bund so as to cause damage to their property. While so, the occupiers filed a petition before the Station House Officer on 6th September, 1961 complaining of the damage to their crop and a Constable P.W. 31 was deputed by the Station House Officer to have the bund removed. The said Constable along with P.C. No. 1340 went to the Kunta on 7th September, 1961 and found that there was a bur.d on the Western side which appeared to have been newly raised. There were two huts also near the said Kunta. A-1, A-2 and A-10 were present at the place of offence and on being apprised of the directions given by the Sub-Inspector they told him that if they were having any Government Order they were willing to abide by it, otherwise the bund could not beremoved. The constable returned to the Station House directing the parties to come to the Police Station to meet the Sub-Inspector and reported the matter to the Station House Officer. Two days later a Head Constable (P.W. 32) was deputed for the same purpose, obviously as the parties did not appear before the Sub-Inspector. This was on 9th September, 1961.