PARUCHURI VENKATA NARAYANA Vs. STATE OF A P

JUDGEMENT

(1.) These appeals are preferred by A. 1 to A.3 and A.4 to A.6 respectively assailing the judgment in S.C.No.283/93 on the file of I Additional Sessions Judge, Machilipatnam whereby all the accused are convicted for the offence under Section 148 IPC, and sentenced to undergo R.I. for two years, and they are also convicted for the offence under Section 302 read with 149 IPC, and sentenced to undergo imprisonment for life. Both the sentences are directed to run concurrently. Both the appeals are heard together and are being disposed of by this common judgment.

(2.) The gravamen of the charge is that all the accused formed themselves into an unlawful assembly with the common object of killing one Damerla China Narasimha Rao alias Chinnabbayi (hereinafter referred to as 'the deceased') and committed the offences of rioting and murdering by hacking him with deadly weapons like swords, axes and battle axe when the deceased was going on a bicycle near Pothuraju centre at Avanigadda.

(3.) The case of the prosecution in brief is that all the accused are residents of Bandalayi Cheruvu, which is part of Avanigadda. PWs.1 to 3, namely, Repalli Sekhar Babu, Yasam Gopi and Damerla Venkata Goverdhanarao respectively and the deceased are residents of Avanigadda. PWs.1 and 2 and the deceased were rowdy-sheeters. The accused belong to C.P.I. (ML) Party and Sympathisers of Telugu Desam Party. Radha Ranga Mitra Mandali affiliated to Congress (I) Parry, its President was One Mr. Rajanala Manikyala Rao. On 4-5-1992 he was convicted for an offence under Section 302 IPC, in a case relating to the murder of one Ranganath, Advocate of Vijayawada. In place of Mr. Rajanala Manikyala Rao, the deceased became the President of the Mandali. When the two rival parties were making efforts to attack each other, security proceedings under Section 107 Cr.P.C., were initiated against them by the Police. On 19-10-1992 at 2 p.m. the deceased on the bicycle and PWs.l to 3 on an other bicycle (triple ride) started from Radha Ranga Mitra Mandali Office to go to the house of their Advocate by name Mathi Venkteswara Rao, when they reached Pothuraju centre near Southa Market, all the accused, who were armed with deadly weapons, attacked the deceased. A.3 hacked the deceased on his neck with a patta kathi. When the deceased fell down, A.2 and A.4 hacked with battle axes on his neck. Then A.1 hacked with patta kathi on the face and A.2 on the right chest of the deceased with battle axe. A.3 hacked the deceased again on the left shoulder with patta kathi. A.5 hacked with an axe on the right shoulder and A.6 on the head with patta kathi. PWs.1 to 3 and one Ch. Srinivasa Rao, who is cited as LW.4 (not examined) in the charge-sheet, witnessed the occurrence. When they raised cries, people of the locality rushed to the scene and accused ran away. The deceased was found dead in a pool of blood. PW.1 left the scene and went to the police station on bicycle. He drafted a report and gave it to S.I. of Police, Avanigadda S. Durga Rao (PW.8) at 2.45 p.m. The report is marked as Ex.P.l PW.8 registered the case jn Crime No.70/92 under Sections 147, 148 and 302 read with 149 IPC. After deputing a police constable to guard the scene, PW.8 informed the Inspector of Police, Sri Srivaraprasad Pandey (PW.10) about the incident on telephone. He left to the scene of occurrence with Head Constable and Police Constable. PW.9 L. Srinivasa Rao also went to the scene of occurrence and commenced investigation. He secured the presence of Kagithala Nancharayya, Village Administrative Officer (PW.4) and Pamarthi Veeraiah, PW.5 - photographer and got the scene photographed at 4 p.m. He prepared an observation report Ex.P2 in the presence of PW.4 and another mediator. He seized various articles, including two bicycles (M.Os.10 and 11) from the scene and also blood stained earth, etc. Then he held inquest between 5 and 8 p.m. in the presence of PW.4 and another. He examined PWs.1 to 3 and two other persons, namely, Ch. Srinivasa Rao and D. Nageswara Rao. The inquest report is Ex.P-3. He also examined residents of the locality. The dead body was sent for post-mortem examination. PW.6 - Dr. T. V.S.M. Sastry, Civil Assistant Surgeon, Government Hospital, Avanigadda conducted autopsy over the dead body of the deceased between 9 a.m. and 10.10 a.m. on 20-10-1992. He noticed eight incised injuries and two abrasions on the body of the deceased. On internal examination, he found 300 ml. of undigested food in the stomach. According to him, the death was due to shock and haemorrhage on account of the injuries received by the deceased. He further opined that the deceased must have had his last meal shortly before his death. On 20-10-1992, the Inspector of Police got the announcement made by mike in Avanigadda and in neighbouring village regarding second bicycle found at the place of offence. But nobody came forward claiming the bicycle. On 26-11-1992, PW.10 arrested A.1 to A.3 and A.5 and A.6 at Chinarevu Bandalayicheruvu and took them to police station. He made them try to wear blue hawai chappals which were seized from the scene of occurrence. They fit in with the feet of A.3, A.5 and A.6. Black coloured chappals fit in with the feet of A.3 and A.5 Boot type front open slipper suited the feet of A.3 and A.5. When PW.9 examined the accused, A.3 stated to him that on the date of offence he attended the Court of IV Metropolitan Magistrate, Vijayawada in Cr.No.4/92 of Avanigadda Police Station. Then he seized the file in the said crime and the same is marked as Ex.P.11. On 7-12-1992, he arrested A.4 at his residence. Black pair of chappals fit in with his feet. Later, all the articles seized from the scene were sent to the J.F.C., Avanigadda under a requisition and letter of advice. On 31-12-1992 he went to Vijayawada and verified the alibi of A.3. He laid the charge-sheet on 4-1-1993.