ADIREDDY VENKATA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is an appeal by the accused No. 1 and 2 in SC No. 365/93 on the file of the Sessions Judge, Nalgonda wherein these appellants along with seven others were charge sheeted for the offences punishable under sections 148, and 302r/w 149 of the Indian Penal Code on the ground that they are responsible for causing the death of one Mr. Vootkuru Matta Reddy, a resident of Anajipuram village, within the limits of Penpahad police station of Nalgonda District, only A-1 and A-2 were found guilty for the offences punishable under sections 148 and 302 r/w 149 IPC and the other accused were acquitted of all the charges.

(2.) A few facts which are necessary for the disposal of this appeal are as follows : All the material prosecution witnesses and the accused are the residents of Anajipuram village. The deceased was also a resident of the same village. Each party belongs to different political party. There were factions between the group led by the deceased and the group led by the accused. The accused belong to CPI(M) and the deceased belonged to Congress (I) Party. PW-3is the wife of the deceased and PW-4 is the son of the deceased. Prior to 5-5-1993 there were disputes between the two groups. Number of cases were filed against both the groups right from Section 107 Cr.P.C., to 302 IPC. Sometime earlier the father of A-1 was murdered and a case was filed against the deceased and some others including PW-I. As a retaliation to the said murder of the father of A-1, it is alleged that the accused killed the deceased.

(3.) On 5-5-1993 at about 10-30 a.m. the deceased left the house stating that he would go to Suryapet. PW-3 also left the house and went to the house of one Shouramma which is one house away from the house of PW-2. PW-1 met the deceased near Panchayat Office and both of them walked towards bus-stand. On the way the deceased went inside the house of PW-2 who is a carpenter making carts. The deceased went inside the house of PW-2 to see whether the cart given by him for painting was completed or not. Parvathapu Ramaiah PW-2 informed them that he will deliver the cart in the evening. They sat near the cart wheel. At that time, according to PW-1, A-1 came from the neighbouring house with an axe and beat on the neck of the deceased. A-2 also came with an axe and beat the deceased on his head. Due to fear PW-1 ran away. Later several persons came there and beat the deceased. But according to PWs-5 and 6 namely Konda Komaraiah and Mattapally Chinna Gurvaiah, who also claim to have witnessed the incident they found A-1 and A-2 entering the house and beating the deceased with axes. When they shouted saying that the deceased is killed, A-9 who was standing on the a road threatened them not to shout. Later they found A-3, A-4, A-5, A-6 beating the deceased with sticks. Vootkuri Kamalamma PW-3 wife of the deceased on hearing the cries of PW-1, rushed to the house of PW-2 and found A-9 standing outside with a stick. On seeing P.W.3, A-9 advised others to come outside. When PW-3 was on the road. She saw A-1 and A-2 coming out of the door way holding axes and A-3 to A-8 coming out holding sticks and all of them went into the house of A-2. PW-3 went into the house of PW-2 and found the deceased lying on the ground with several injuries. On 5-5-1993 at about 1 p.m. PW-11 Md. Pasha Miyan. Sub-Inspector of Police heard a rumour about the death of the deceased. Immediately he, along with his staff, left for Anajipuram village. He recorded the statement of PW-1 and sent the same to P. Vivekananda, Head Constable PW-10 for registering the case. PW-10 registered the statement of PW-1 at Ex. P-1 as Cr. No. 11/93 u/ss.147, 148 and 302 r/w 149 of the Indian Penal Code and sent FIRs to all concerned. Ex. P-14 is the First Information Report. Meanwhile PW- 12. S. Seetharamaiah, Circle Inspector of Police visited the scene of offence at 3-45 p.m. and took up further investigation. PW-12 conducted inquest over the dead body of the deceased. Ex. P-3 is the inquest report. He prepared panchanama, Ex. P-4 in the presence of PW-7. During panchanama he seized a pair of Hawai slippers M.O. 9, control earth and blood stained earth and examined PWs-1 to 4 namely Bayya Mallaiah, P. Ramaiah, Vootkuri Kamalamma and Vootkururu Venugopal Reddy. He then entrusted the body for post mortem examination. On 6-5-1993 at 7.20 a.m. PW-9 Dr. Shanker, the Medical Officer at Community Hospital, Suryapet, conducted autopsy over the dead body and issued Ex. P-13 post mortem certificate. According to him the cause of death was due to multiple injuries. On 24-5-1993 PW-12 arrested all the accused in the house of A-1 and interrogated them in the Panchayat office in the presence of PW-8 namely Anumulapuri Mattapalli. Pursuant to the confession made by each of the accused he took them to their respective houses and recovered axes from A-1 and A-2 and sticks M.Os. 3 to 8 from the houses of A-3 to A-8, After completing the investigation, PW-12 filed the charge-sheet before the Court of Judicial First Class Magistrate Suryapet in PRC. No. 66/93. The learned Magistrate after going through the allegations made against the accused found that the case is exclusively triable by Sessions Court. Hence, he committed the case to the Sessions. The learned Sessions Judge, Nalgonda after going through the papers took cognizance of the case and registered it as SC. No. 365/93. The learned Sessions Judge framed the following charges :