SK ABDUL KAREEM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is filed by the appellants/accused No. 1 to 9 in S.C. No. 403 of 1993 on the file of the learned Sessions Judge, Cuddapah, who by his judgment and order dated 15-7-1995 convicted the appellants/accused Nos. 1 to 9 for the offences punishable under Section 148 IPC and sentenced them to undergo Rigorous Imprisonment for two years each; and also convicted A.1 to A.4 for the offence punishable under Section 302 IPC and sentenced them to undergo imprisonment for life each; and also convicted A.5 to A.9 for the offence punishable under Section 302 read with S. 149 IPC and sentenced them to undergo imprisonment for life each; and also convicted A.8 and A.9 for the offence punishable under Section 324 IPC and sentenced them to suffer Rigorous Imprisonment for tow years each; and lastly convicted A.1 to A.7 for the offence punishable under Section 324 read with S. 149 IPC and sentenced them to undergo Rigorous Imprisonment for two years each and also directed that all the sentenced passed against the accused shall run concurrently.

(2.) A few facts, which are necessary to dispose of this appeal, are as follows : The deceased - Shaik Inayathulla and the material witnesses are residents of Trunk Road, Rayachoti, Cuddapah district. The deceased was the seventh son to his parents. They are all about 12 brothers and one sister. The deceased was not married. Except the eldest brothers P.W.5 - S. K. Habibullah, all the brothers are living together. There is enemity between A.1 to A.3-Shaik Abdul Kareem @ Sabju, Shaik Saleem, Shaik Mazahar - and the deceased family. There are criminal cases pending against the deceased family. In the election one group supports Congress and another group supports Telugu Desham. A.4 to A.9 belong to the group of A.1 to A.3. The father of A.1 to A.3 resides at Cuddapah. A.1 to A.3 will be visiting Rayachoty often.

(3.) On 17-10-1991 at about 9.00 p.m., from four roads junction, P.W.1 - S. K. Noorullah and the deceased were going to their house, which is at a distance of 100 yards from four roads junction. When they came near the house of Alli Sahib, all the accused armed with Knives stated that they are going to kill. The deceased and P.W.1, to save themselves, ran towards house, but all the accused Nos. 1 to 9 surrounded P.W.1 and the deceased in front of their house. A. 8 hacked P.W.1 with a knife on his right wrist; A. 9 beat P.W.1 with a knife on his right finger. When the deceased questioned the accused for beating P.W.1, all the accused lifted and carried the deceased to the road. P.W.1 raised cries to save them. On hearing cries, P.W.2 - S. K. Habizullah, P.W.3 - Shaik Athavullah came to the road. When the accused put the deceased on the road, the deceased fell down on the road with his face upwards. A. 1, A. 3 and A. 4 stabbed the deceased qith knives on the chest. A. 5 and A. 7 caught hold of the legs of the deceased; A. 6 caught hold of the hands of the deceased; A. 2 cut the throat of the deceased with a knife. When they raised cries all the accused ran away. Afterwards P.Ws.1 and 2 went to the Police Station and preferred a written complaint at 10-30 p.m., which is marked as Ex. P.1, P.W.9-K. Purushotham, Circle Inspector of Police registered the complaint - Ex. P.1 as First Information Report in Crime No. 121 of 1991 under Sections 147, 148, 324, 302 read with 149 IPC. Ex. P.5 is the original Fist Information Report. He sent the First Information Report to all the concerned. He examined P.W.1 and recorded his statement. He also seized the blood stained lungi - M.O. 1 from P.W.1. He sent P.W.1 to the Government Hospital Rayachoty. He left the police station and reached the scene of offence at 1.30 a.m. He examined P.Ws.2, 3 and 4 and recorded their statements. He posted the guard at the scene of offence. As it was late in the night, he did not hold inquest, but in the morning he procured the panchayatdars - P.Ws.6 and 7 - Kasabu Imamuddin, Kuppam Suryanarayanamoorthy - and held inquest. He found that the body was lying at a distance of 45 feet from the house of the deceased and at a distance of 120 feet from the house of A.1 to A.3 and 600 feet from the four road junction. The dead body was near the house of P.W. 5 - S. K. Habibullah. He examined P.W. 5 after the inquest. During inquest, he seized M.Os. 6, 7 and 8. The clothes on the dead body are M.Os. 2 to 5. The inquest report is Ex. P.2. The dead body was sent to the Government Hospital and then he prepared a rough sketch of the scene of offence. The doctor - C. H. Vasanth (P.W. 8), Civil Assistant Surgeon, Government Hospital, Rayachoti examined P.W. 1 at 1-45 A.M., and found three incised injuries - on right ring finger, right wrist and right forearm - and all are simple in nature. He issued wound certificate at Ex. P.3. He also conducted post-mortem on the dead body of the deceased at 10.30 a.m. and found eleven external injuries. He found injuries No. 5 to 11 are simple in nature and issued Ex. P.4 - post-mortem certificate. P.W. 9 sent the property to the Court with a letter of request - Ex. P.8 and letter of advice - Ex. P.9 and the Chemical Examiner's report is Ex. P.10. On 10-2-1992 he filed charge sheet.