DABBUGOTTU ITHAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) (N.Y.Hanumanthappa, J.) When the Criminal Appeal No. 66/96 was taken up for arguments, the learned Counsel appearing for the appellants therein and the learned Public Prosecutor submitted that Criminal Appeal No. 65/96 which is pending before the learned single Judge is almost connected to Criminal Appeal No. 66/96 filed against the judgment and order in S.C.No. 222/92. S.C.No. 222/92 and S.C. No. 50/92 are the case and the counter case. Time, place and the alleged offence are same. Some of the witnesses in S.C.No. 222/92 are the accused in S.C. No. 50/92 and vice versa. To avoid confusion, both the learned counsel requested that the said appeal, viz., Criminal Appeal No. 65/96 pending before the learned single Judge may also be directed to be posted before this Bench to be heard simultaneously with Criminal Appeal No. 66 / 96. Sri C. Poornaiah, the learned Counsel appearing for the appellants in Criminal Appeal No. 65/66 submitted that he has no objection to hear the appeal simultaneously along with Criminal Appeal No. 65/96. That is how these two appeals are heard one after the other in order to understand the facts properly and of course, disposed of by separate judgments.

(2.) Now we have taken up Criminal Appeal No. 65/96 directed against S.C.No. 50/92.

(3.) The Inspector of Police, Kanigiri, filed charge sheet in this case against the Accused 1 to 13 in the Court of the Judicial Magistrate of I-Class, Kanigiri, in which Court it was registered as P.R.C.No. 16/91. The Judicial Magistrate of 1st Class, Kanigiri by order dated 11-12-1991 committed the case to the Court of Sessions, Prakasam Division, Ongole. Originally the case was made over to the Court of the Assistant Sessions Judge, Kandukur for disposal according to law. Subsequently, the case was transferred to the Court of Additional Sessions Judge, Ongole for being tried along with another case which arose out of the same transactions and which was disposed of in S.C.No. 222/96. The learned Additional Sessions Judge after hearing both sides, framed the following charges: "Charge No.1: On 29-1-1991 at about 10 A.M. at Nalturi Gollapalli A-l to A-13 were the members of unlawful assembly and did in prosecution of the common object of such assembly i.e., to kill L.Ws. 1 to 9 (Dabbugottu Nagaiah, Mithukula Srinivasulu @ Sreenu, Uppalapati Kondaiah, Mithukula Ventkateswarulu, Mithukula Narsaiah, Pallapati Suryanarayana, Uppalapati Kondaiah, Mithukula Venkateswarlu and Pallapati Malakondaiah) committed the offence of rioting and at that time A-l to A-13 were armed with deadly weapons i.e., iron rods, sticks and stones and thereby committed an offence punishable under Sec. 148 of IPC. Charge.No.2: At the same time, same date and place stated in Charge No. 1 A-l to A-7 and A-9 to A-12 voluntarily caused hurt to L.Ws.1 to 9(as stated their names in Charge No.1) by means of iron rods, sticks and stones and thereby committed an offence punishable under Section 324 IPC. Charge.No. 3: On the same date, time and place as stated in Charge No.l, A-3 voluntarily caused grievous hurt to L.W. 4 (Mithukula Venkateswarlu) and thereby committed an offence punishable under Section 325 of the Indian Penal Code. Charge.No. 4: On the same date, time and place as stated in Charge No.l, A-3 and A-4 voluntarily caused grievous hurt to L.W.I, L.W.2, L.W.4 and L. W.9 (Dabbugottu Nagaiah, Mithukula Srinivasulu @ Sreenu, Mithukula Venkateswarlu and Pallapati Malakondaiah) by means of iron rods and stones which are the instruments for stabbing used as weapons of offences likely to cause death and thereby committed an offence punishable u/ Sec. 326 IPC Charge No. 5: On the same day, time and place as stated in Charge No. 1, A-l to A-7 and A-9 to A-12 with common object did an act i.e, beat P.Ws. 1 to 9 with such intention and under such circumstances, that if by that act A-l to A-7 and A-9 to A-12 caused the death of L.Ws.l to 9 and would have guilty of murder and that caused hurt to the said L.Ws.l to9 by the said act and that hereby committed an offence punishable under Section 307 IPC r/w 149 IPC." The said charges were read over and explained to the accused but they pleaded not guilty. Then evidence was let in. On prosecution side, 13 witnesses were examined as P. Ws.l to 13 and 14 documents were marked as Exs.P-1 to P-14. No witnesses were examined on defence side except marking Exs.D-1 to D-17. Xerox copy of FIR, Xerox copies of statements of P.W.I and another, and the wound certificates of A-10, A-6, A-3, A-11, A-13, A-14 and Dabbugottu Malakondaiah, Dega Kondaiah and Dega Venkgamma. After closure of the evidence, the accused were examined under Section 313 Cr.P.C. Then arguments were heard on both sides.