PALAPATI PEDDA MALAKONDAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) When the Criminal Appeal No. 66/96 was taken up for arguments the learned Counsel appearing for the appellants herein 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. 65/96 submitted that he has no objection to hear the appeal simultaneously along with Criminal Appeal No. 66/96. 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. 66/96 directed against S.C.No. 222/92.

(3.) Kanigiri Police Station of Ongole registered a case against all the 16 accused in Crime No. 3/91 for various offences viz., offences alleged to have been committed under Sections, 148, 302, 323, 324 and 307 IPC. After completion of investigation, the concerned police filed a charge-sheet before the Judicial First Class Magistrate, Kanigiri in P.R.C. No. 15/91. The learned Magistrate after seeing the offences alleged, committed the case to the Principal Sessions Judge, Ongole as the case has to be exclusively tried by the Sessions Court. The learned Principal Sessions Judge after receipt of the papers took cognizance of the case in S.C.No.222/92. Then, made it over to the Additional Sessions Judge, Ongole. The learned Additional Sessions Judge after hearing both sides, framed the following charges: Firstly that you A1 to A16 on or about the 22nd day of January, 1991 at about 10-00 a.m. at the main bazaar in between the two bore pumps in Nelatur Gollapalli Village of Kanigiri Mandal, were members of an unlawful assembly and did in prosecution of the common object of such assembly to wit, with the common object of attacking Pallapati Lakshmi Narasiah, Dabnugottu Papaiah, Pallapati Bhaktavatsalam, Pallapati Krishnaiah. Dega Vengaiah, Dabbugottu Mala Kondaiah, Dega Kondaiah, Dabbugottu Vengaiah, Challagali Vengaiah, Dega Vengamma, Challagali Thirupathiah, Byladugu Obaiah Challagali Pitchaiah, Dega Anjineyulu and Dabbugottu Venkata Lakshmamma (LWs. 1 to 15), committed the offence of rioting and at that time, were armed with deadly weapons or weapons of offence likely to cause death to wit, sticks, axes, knives and stones and thereby committed an offence punishable under Section 148 of the Indian Penal Code and within my cognizance. Secondly, mat you Al, A2, A5, A8, A9 and A15 on or about the same day, at the same time, place and during the course of same transaction as mentioned in charge No. 1 supra, did commit murder by intentionally or knowingly causing the death of Dega Vengaiah son of Mala Kondaiah, aged 25 years, Yadava of Nelaturi Gollapalli village and that you thereby committed an offence punishable under Section 302 of the Indian Penal Code and within my cognizance. Thirdly, that you A3, A4, A6, A7, A10 to A14 and A16 on or about the same day, time, place and during the course of same transaction as mentioned in charge No. 1 supra, were members of an unlawful assembly and in prosecution of the common object of which viz., to commit murder of Dega Vengaiah son of Mala Kondaiah of Nelaturi Gollapalli village, some of the members viz., Al, A2, A5, A8, A9 and A15 committed the offence of murder of the said Dega Vengaiah son of Mala Kondaiah, which you knew likely to be committed in prosecution of the common object of the said assembly and you are thereby under Section 149 of the Indian Penal Code guilty of committing the said offence punishable under Section 302 of the Indian Penal Code and within my cognizance. Fourthly, that you A2, and A4 on or about the same day, time, place and during the course of the same transaction as mentioned in charge No. 1 supra, voluntarily caused hurt to Pallapati Lakshmi Narasaiah (L.W.1) by means of sticks, which are instruments for beating, used as a weapon of offence likely to cause death and that you thereby committed an offence punishable under Section 324 of the Indian Penal Code and within my cognizance. Fifthly, that you Al, A5, A6 and A13 on or about the same day, time, place and during the course of same transaction as mentioned in charge No. 1 supra, voluntarily caused hurt toDabbugottu Papapiah (L.W.2) viz., Al of you beat the said Dabbugottu Papaiah (L.W.2) with a stick on his left side of head, A5 of you beat him with a stick on his right side head, A6 of you beat him with a stick on his left fore-head and A13 of you beat him with a stick on the upper part ankle of his left leg and thereby committed an offence punishable under Section 324 of the Indian Penal Code and within my cognizance. Sixthly, that you A14 on or about the same day, time, place and during the course of same transaction as mentioned in charge No. 1 (supra), voluntarily caused hurt to Pallapati Bhaktavatsalam (L.W.3) viz., beat him with a stone on his left side of chest and thereby committed an offence punishable under Section 324 of the Indian Penal Code and within my cognizance. Seventhly, that you A2 on or about the same day, time, place and during the course of same transaction as mentioned in charge No. 1 supra, did an act, to wit, beat Pallapati Krishnaiah (L.W.4) with a stick on his left side head, right fore-head, and right hand little finger with such intention or knowledge and under such circumstances, that if by that act you had caused the death of the said Pallapati Krishnaiah (L.W.4), you would have been guilty of murder and that you thereby committed an offence punishable under Section 307 of the Indian Penal Code and within my cognizance. Eighthly, that you A2 on or about the same day, time, place and during the course of same transaction as mentioned in charge No. 1 supra, voluntarily caused hurt to Dega Vengaiah (L.W.5) viz., beat him with a stick on his left ear and thereby committed an offence punishable under Section 324 of the Indian Penal Code and within my cognizance. Ninthly, that you A10, A11 and A14 on or about the same day, time, place and during the course of the same transaction as mentioned in charge No. 1 supra, voluntarily caused hurt to Debbugottu Mala Kondaiah (L.W.6) viz., A10 of you beat the said Dabbugottu Mala Kondaiah (L.W.6) with a stick on his lateral part of fore-arm, Al 1 of you beat him with a stick on his left side neck and A14 of you beat him with a stick on lateral part of his right thigh and that you have thereby committed an offence punishable under Section 324 of the Indian Penal Code and within my cognizance. Tenthly, that you A4 on or about the same day, time, place and during the course of same transaction as mentioned in charge No. 1 supra, did an act, to wit, beat Dega Kondaiah (L.W.7) with a stick on his lateral part of left shoulder with such intention or knowledge and under such circumstances, that if by that act you had caused the death of the said Dega Kondaiah (L.W.7), you would have been guilty of murder and that you thereby committed an offence punishable under Section 307 of the Indian Penal Code and within my cognizance. Eleventhly, that you A2, A7, A12, and A16 on or about the same day, time, place and during the course of same transaction as mentioned in charge No.1 supra, voluntarily caused hurt to Dabbugottu Vengaiah (L.W.8) viz., A2 of you beat the said Dabbugottii Vengaiah (L.W.8) with a stick portion of an axe on his left upper arm, A7 of you beat him with a stick on his left knee, A12 of you beat him with a stick near his left ear and that A16 of you beat him with a stick on his hand and that you have thereby committed an offence punishable under Section 324 of the Indian Penal Code and within my cognizance. Twelfthly, that you A12 on or about the same day, time, place and during the course of same transaction as mentioned in charge No. I supra, voluntarily caused hurt to Challagali Vengaiah (L.W.9) viz., beat him with a stone on his right knee and that you have thereby committed an offence punishable under Section 324 of the Indian Penal Code and within my cognizance. Thirteenthly, that you A15 on or about the same day, time, place and during the course of same transaction as mentioned in charge No.1 supra voluntarily caused hurt to Dega Vengamma (L.W. 10) viz., beat her with a stick on her right temple and that you have thereby committed an offence punishable under Section 324 of the Indian Penal Code and within my cognizance. Fourteenthly, that you A10 and A13 on or about the same day, time, place and during the course of same transaction as mentioned in charge No. 1 supra, voluntarily caused hurt to Challagali Tirupataiah (L.W. 11) viz., A10 of you beat him with a stone on his left leg, and that A13 of you have thereby committed an offence punishable under Section 324 of the Indian Penal Code and within my cognizance. Fifteenthly, that you A3 and A8 on or about the same day, time, place and during the course of same transaction as mentioned in charge No. 1 supra, did an act, to wit, A3 of you beat Byladugu Obaiah (L.W. 12) with a stick on his left hand wrist, left knee and that A8 of you beat the said Byladugu Obaiah (L.W. 12) with a stick on his fore-head, left side head and right shoulder, with such intention or knowledge and under such circumstances, that if by that act both of you had caused the death of the said Byladugu Obaiah (L.W. 12), you would have been guilty of murder and that you thereby committed an offence punishable under Section 307 of the Indian Penal Code and within my cognizance. Sixteenthly, that you A11 on or about the same day, time, place and during the course of same transaction as mentioned in charge No.l supra, voluntarily caused hurt to Challagali Pitchaiah (L.W. 13) viz., beat him with a stone on his right hand and that you have thereby committed an offence punishable under Section 324 of the Indian Penal Code and within my cognizance. Seventeenthly, that you Al, A2, A8 and A9 on or about the same day, time, place and during the course of same transaction as mentioned in charge No. I supra, voluntarily caused hurt to Dega Anjaneyulu (L.W. 14) viz., A1 of you beat the said Dega Anjaneyulu (L.W. 14) with a stick portion of axe on his right upper arm, A2 of you beat him with stick portion of axe on his head, A8 of you beat him with a stick on right knee and that A9 of you beat him with a stick portion of axe on his right knee, and that you have thereby committed an offence punishable under Section 324 of the Indian Penal Code and within my cognizance. Eighteenthly, that A2, A3 and A4 on or about the same day, time, place and during the course of same transaction as mentioned in charge No.1 supra, voluntarily caused hurt to Dabbugottu Venkata Lakshmamma (L.W. 15) viz., A2 of you beat the said Dabbugottu Venkata Lakshmamma (L.W. 15) with stick portion of axe on her right fore- arm, A3 of you beat her with a stick on her left shoulder, and that A4 of you beat her with a stick on her right shoulder, and that you have thereby committed an offence punishable under Section 324 of the Indian Penal Code and within my cognizance.