GAJULA VENKATESWARA RAO Vs. STATE OF A P

JUDGEMENT

(1.) These three appeals arise from the judgment of the learned II Additional Sessions Judge, Krishna Division at Vijayawada in Sessions Case No.l78/1991 dated3-10-1994 convictingall the appellants of various charges including the charge of murder punishable under Section 302 of Indian Penal Code and sentencing them to imprisonment for life for the offence under Section 302 of Indian Penal Code and also sentencing them variously for other offences. They will be referred to as arraigned in the trial Court.

(2.) Accused No.3 among accused Nos. 1 to 17 has absconded at the stage of Section 313 of Code of Criminal Procedure examination. Hence, the case is split up against him. Accused Nos. 1, 2 and 4 to 17 have faced the trial and the learned Sessions Judge convicted accused Nos. 1, 2 and 4 to 17 under Sections 147 and 148 I.P.C. and sentenced them to undergo rigorous imprisonment for three years and to pay a fine of Rs.1,000/-each in default to suffer simple imprisonment for six months under Section 148 IPC., while passing no separate sentence under Section 147 IPC. Accused Nos. 1,2 and 4 to 16 are then convicted under Section 302 IPC and sentenced to suffer imprisonment for life and pay a fine of Rs.10,000/- each in default to suffer one year simple imprisonment. Among them accused Nos.5 and 7 are convicted under Section 302 IPC on a second count. Accused No. 17 is convicted under Section 302 read with Section 149 IPC and sentenced to suffer imprisonment for life and to pay a fine of Rs.10,000/- in default to suffer simple imprisonment for one year. Accused Nos. 1, 4, 6 to 15 and 17 are further convicted under Section 201 IPC and sentenced to rigorous imprisonment for seven years and to pay a fine of Rs.5,000/- each in default to suffer simple imprisonment for one year. Accused Nos.1 and 2 are also convicted under Section 307 IPC as well as Section 324 IPC and sentenced to rigorous imprisonment for ten years and to pay a fine of Rs.2,500/- each in defaultto suffer simple imprisonment for six months for the offence under Section 307 IPC. Accused Nos.1, 2 and 4 are as well convicted under Sections 3 and 5 of Explosives Substances Act and sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs.5,000/- each in defaultto suffersimple imprisonment for one year and to rigorous imprisonment for five years and to pay a fine of Rs. 1,000/- each in defaultto suffersimple imprisonment for six months respectively. The substantive sentences of imprisonment are directed to run concurrently. Aggrieved by the said findings, conviction and sentences, accused Nos.1, 2, 5, Sand 16 filed Criminal Appeal No. 1065/1994 while accused Nos.4, 7, 9, 10, 11, 15 and 17 filed Criminal Appeal No. 1066/ 1994 and accusedNos.6, 12, 13and 14 filed Criminal Appeal No. 1092/1994.

(3.) The prosecution case in brief is as follows:- There are two political rival groups in Vekanuru village. Deceased Nos. 1 to 5 and all the material prosecution witnesses under the leadership of deceased No.3 were sympathisers of Congress-I Party. All the accused led by one Tungala Veera Raghavaiah were sympathisers of Telugu Desam Party. The said Tungala Veera Raghavaiah was murdered on 6-12-1989 at Vekanuru village. In respect of that murder a case in Cr.No. 102/1989 was registered in Avanigadda Police Station against deceased No. 1 to 5, PWs. 1 to 6 and 19 and they were charge sheeted in P.R.C.No.9/1990 on the file of Judicial First Class Magistrate, Avanigadda. The case was committed to the Court of Session and the sessions case was pending by the date of offence. Some months prior to the murder of Tungala Veera Raghavaiah on 19-5-1989, one Gudivaka Venkata Naga Basava Rao belonging to the accused party and who was related to accused No.6 was murdered and a case in Crime No.42/1989 was registered in Avanigadda Police Station against deceased Nos. 1 to 3 and 5 and four others. It was the subject matter of PRC.No.31/1989 on the file of the Judicial First Class Magistrate, Avanigadda. This case was also committed to the Sessions Court and it was also pending trial by the date of incident. After the murder of Tungala Veera Raghavaiah, accused No. 1 led the Telugu Desam Party in the village. It is alleged that on account of the two murders, the accused bore grudge against deceased Nos.l to 5 and other members of the prosecution party. Deceased Nos. 1 to 5 and PWs. 1 to 6 and 19 who were arrested in Crime No. 102/1989 were originally released on conditional bail and later on 5-4-1990, the conditions were relaxed. They returned to their village and were taking shelter in the house of deceased No.3, who was their leader, apprehending danger to their lives. During their stay in the village, they were daily going to the nearby bank of Krishna river in the morning for attending to their calls of nature etc. On 16-4-1990 all of them went to the river Krishna to attend to their calls of nature. They reached the place to about 6.30 AM. After attending to their calls of nature, they were returning to the village. All the accused came from behind the bushes armed with bombs, knives, spears etc. Accused No. 1 instigated 'kill, cut'. Accused No.1 and 2 each hurled a bomb on them. The bombs hit deceased Nos. 1 and 5. PW. 1 also sustained an injury on left eye and cheek. Deceased No. 1 fell down on the spot while deceased No.5 fell down after going some distance. Then accused No. 1 hacked deceased No. 1 with a penaka Kami on right shoulder and on right neck. Accused No.2 hacked deceased No.1 with a penaka Kathi on right leg. Deceased No.1 succumbed to the said injuries. Then accused No.5 hacked four times with penaka kathi on the back side of the head of deceased No.5, who had fallen on the ground. Accused No.8 hit deceased No.5 with penaka kathi on left side flank. Accused No.6 speared twice on the back side of both shoulders of deceased No.5. The attack on deceased Nos. 1 and 5 was witnessed by PW.1 and Madivada Srinivasulu, who died subsequently. The other accused chased PW.1 and others hurling bombs on them. Deceased Nos.2 to 4 and PWs.2 to 4 and 6 to 8 started running towards southern side. As a result of bomb throwing, deceased No.2 fell down. Accused No.3 hacked with a penaka kathi on the left shoulder of deceased No.2. Accused No.5 hacked deceased No.2 with a penaka kathi on the right shoulder. Accused No.7 speared deceased No.2 on his stomach. Accused No. 11 speared deceased No.2 on his back. Accused Nos.9 and 16 hacked deceased No.2 with a penaka kathi on his back. The deceased No.2 was beheaded by accused Nos. 1, 3, 8, 9, 10 and 16 and the head was taken away. Thereafter accused Nos.6, 12, 13, 14, 16 and 17 chased deceased Nos.3 and 4 and surrounded them. Accused No.4 speared deceased No.3 on his left thigh. Accused No.15 hacked thrice with penaka kathi on the left shoulder of deceased No.3. Accused Nos.4. 7, 11, 15 and 17 attacked deceased No.3 and beheaded him and took away the head. Accused No.6 hacked thrice on the left shoulder of deceased No.4 with a penaka kathi. Accused No. 12 hacked with a penaka kathi on left upper arm of deceased No.4 in the left flank. Accused No.13 speared deceased No.4 below the left arm pit. Accused No.14 speared deceased No.4 on left side back. Then Accused Nos.3, 6, 7, 12, 13 and 17 hacked with penaka kathi on the neck of deceased No.4 and beheaded him and took away the head. All the witnesses who ran in different directions met at Tungalavani Palem Karakatta (flood bank). After staying there for some time, all of them went to the places where the dead bodies lying and found the trunks of deceased Nos.2, 3 and 4 without heads. At a distance of more than one furlong from there, they found deceased Nos. 1 and 5 lying on the ground. Deceased No.5 was found with some life. Deceased No.5 was sent to the hospital on a cot through PW. 14 and another. They went to the village and met the Sarpanch PW.12 at 9 AM on 16-4-1990. At the instance of PW.1, the Sarpanch PW.12 drafted a report Ex.P-1. PW.27 was working as Armed Reserve Police Constable. In March, 1990, he was one of the constables who was posted for picket in Vekanuru village. On 16-4-1990 at 2 AM, he got into the duty, watching the picket at 7 AM., he got down from duty. Thereafter he went to Pedda Revu for bathing. The other constables also were taking bath. Then they heard the sounds of bomb explosion from a distance of 3 or 4 furlongs to the south. PW.27 and other constables went back to their picket and informed the Head Constable who was on duty. On the instructions of the Head Constable, PW.27 went to Avanigadda to inform the C.I. of Police and S.I. of Police. PW.27 went to Avanigadda and informed PW.35, S.I. of Police and PW.36 Inspector ofPoliceat8AM.PW.36instructedPW.35 to go to the Government Hospital, Avanigadda and record the statement of deceased No.5. PW.35 made the necessary entries in the General Diary and proceeded to the hospital. Deceased No.5 was not able to give any statement. On the directions of the Medical Officer, PW.35 sent the injured deceased No.5 to the Government Headquarters Hospital, Machilipatnam under escort. Thereafter he went to Vekanuru. PW.36 Inspector of Police reached the scene of offence by 8.30 AM. At about 9.30 AM., PW.35 reported to PW.36 and informed him that deceased No.5 was not in a position to give a statement and that he has sent him to the Headquarters Hospital, Machilipatnam. PW.36 directed the S.I. of Police PW.35 to obtain a report from the relatives of the deceased to register a case. At 10.30 AM., PW.1 presented the report Ex.P-1 to PW-35 who sent itto police station for registration, PW.33 Head Constable of Avanigadda Police Station received Ex.P-11 at 11.30 AM on 16-4-1990. He registered it as Crime No.32/90 under Sections 147, 148, 302, 201 read with Section 149 IPC and Sections 3 and 5 of the Explosives Substances Act. Ex.P-45 is the FIR sent to the Court. PW.36 secured the mediators PWs.15 and 20 at 10.30 AM and prepared the observation report Ex.P-14. He drew the sketch of the scene of offence as in Ex.P-48. MOs.1 to 15 were seized at the scene of offence. At about 12.15 PM, PW.36 received the express FIR. PW.36 held on inquest over the dead body of deceased No. 1 from 12.30 PM to 3.30 PM in the presence of PW.l 5 and others. PWs.1 to 9 and 19 were examined at the inquest. Ex.P-15 is the inquest report. On the instructions of PW.36, PW.35 held an inquest over the dead body of deceased No.3 from 3.15 to 4 PM.Ex.P-18 is the inquest report. The 5th deceased who was shifted to Machilipatnam hospital died by the time he was taken to the hospital. On 17-4-1990, PW.35 sent to Government Hospital, Machilipatnam and held inquest over the dead body of deceased No.5 and 8 AM to 10 AM as in Ex.P-17. Ex.P-16 is the inquest report of deceased No.2. Ex.P-31 is the inquest report of deceased No.4. PW.21 Civil Assistant Surgeon, Govt. Hospital, Avanigadda examined PW. 19 at 2.50PM on 16-4-1990. He noticed a simple injury on the right side thigh which could have been caused by ablunt object. Ex.P-32 is the wound certificate relating to PW.19. PW.21 also examined PW.1 on 16-4-90 at 2.40 PM. He noticed a simple injury on his right cheek which could be caused by a blunt weapon. Ex.P-33 is the wound certificate relating to PW.1. PW.1 was thereafter referred to Government Hospital, Machilipatnam as a movable swelling was found on the left cheek of PW. 1. On X-ray examination, radio obeque foreign body was found. At 3 PM on the same day, PW.21 examined PW.6. He noticed a contusion below his left knee which was simple in nature and could be caused by a blunt weapon. Ex.P-34 is the wound certificate relating to PW.6. On the same day at 4.25 PM, PW.21 conducted autopsy over the dead body of Rajagopala Krishna (deceased No.2).Ex.P-37 is the postmortem certificate. According to the doctor, the deceased would appear to have died due to loss of head. On 17-4-1990 at 9.40 AM., PW.21 examinedPW.8 and issued the wound certificate Ex.P-38. There were two injuries which were simple in nature and could have been caused by a blunt object. PW.22, Civil Assistant Surgeon, Government Headquarters Hospital, Machilipatnam conducted autopsy overthe dead body of Nagadhara Krishna (deceasedNo.l).Ex.P-39 is the postmortem certificate. According to the doctor, the deceased would appear to have died of shock and haemorrhage due to extensive injuries on left knee. PW.23, Civil Assistant Surgeon, Government Headquarters Hospital, Machilipatnam conducted post mortem examination on the body of Ramaratna Vara Prasad (deceased No.3). Ex.P-40 is the post-mortem certificate. According to the doctor, the deceased died on account of beheading. PW.25, Civil Assistant Surgeon, Government Headquarters Hospital, Machilipatnam conducted autopsy overthe dead body of Sriharibabu (deceased No.5). Ex.P-42 is the post mortem certificate. Accord ing to the doctor, the deceased would appear to have died of shock and haemorrhage due to fracture of skull bones, injury to brain and multiple other injuries. PW.40, Inspector of Police, CBCID., look up further investigation from PW.36. He examined all the witnesses. On 3-5-1990, he arrested accused Nos. 1, 2, 11, 14 to 16. On 8-5-1990, he arrested accused Nos.4 to 10, 12, 13 and 17. On 26-6-1990 accused No.3 was arrested. After investigation, PW.40 filed the charge sheet on 27-7-1990. In support of its case, the prosecution examined 40 witnesses. Out of them PWs.1 to 8 and 19 were examined as eye witnesses to the occurence.PWs.9 to 11 are the wives of deceased No.1, accused No.2 and deceased No.3 respectively. PW.12 is the Sarpanch who scribed the report Ex.P-1. Accused No.3 absconded at the stage of examination under Section 313 Cr.P.C, and the case against him was separated. The other accused denied the offence. A Senior Assistant in R.D.O's Office was examined as a defence witness. The S.I. of Policeand Head Constable 720 of Koduru Police Station were examined as Court witnesses. The learned Sessions Judge accepted the prosecution case and convicted the accused as indicated at the outset.