VUTUKURU LAKSHMAIAH Vs. STATE OF A P

JUDGEMENT

(1.) Appellants-A-1 to A-5 and A-7 to A-9 in S.C. No. 365 of 1998 on the file of II Additional District & Sessions Judge, Nellore, who were tried for the offence under Sections 147, 148, 324, 302 r/w 149 IPC along with A-6, who died before framing the charges and case against him was abated, and convicted for various offences as detailed below, preferred this appeal challenging the judgment dated 14-03-2005 recording conviction and sentence forvarious offences.

(2.) The first charge against A-1 to A-5, A-7 to A-9 and Late Vukukuru Seenaiah-A-6 is underSection 148 IPC. They were found guilty for the said offence and sentenced to undergo rigorous imprisonment for two years. The second charge against A-4 and A-6 and fifth charge against A-2 and A-3 is under Section 307 IPC; the third charge against A-1 to A-3, A-5, A-7 to A-9 and A-6 and sixth charge against A-1, A-4, A-5, A-7 to A-9 and A-6 is under Section 307 r/w 149 IPC for attempting to commit the death of Pamula Ramanaiah-P. W. 1. A-2 to A-4 are acquitted of the said charge, instead they found guilty for the offence under Section 324 r/w 149 IPC and A-5 was found guilty for the offence under Section 324 r/w 149 while A-7 to A-9 were not found guilty for the said offence and they are acquitted. Each of them was sentenced to suffer rigorous imprisonment for two years. The fourth charge against A-7 to A-9 is under Section 302 IPC and they were sentenced to suffer imprisonment for life and to pay fine of Rs. 2,000/-, in default to suffer simple imprisonment for two months each. All the sentences were directed to run concurrently.

(3.) The prosecution story in short runs thus: The deceased - Patrangi Ramanaiah s/o Polaiah was working as NMR in Municipal Library. P.W.3-Ragut Srinivasulu is the nephsw of the deceased. The deceased and P.W.1- Pamula Ramanaiah belongs to Telugu Desam Party and A-1-Utukuru Laxmaiah and his brother-UtukuruAdimurthybelongstocongress Party. In the Municipal Elections A-1 contested as Councilor for 16th ward of Nellore Municipality on behalf of Congress Party, One Patrangi Kannaiah contested against A-1 on behalf of Telugu Desam Party. P. W. 1 and the deceased supported the said Kannaiah who was defeated by A-1. After that both the parties developed grudge against each of them. On 14-11 -1995 Patrangi Velongini Raja of Telugu Desam Party was murdered by A-1 and his brother- Utukuru Adimurthy. The deceased and P.W. 1 were witnesses to the said occurrence. Therefore, the accused wanted to eliminate them. On 14-05-1996 at about 6 p.m. P.W.1 and the deceased after completion of their work were proceeding to Akuthota Harijanawada in a scooter. When they reached sweet meat shop, A-4 and A-6 beat P.W.1 with iron rods on the hands; as a result, he lost control over the scooter; he and the deceased, who was the pillion rider, fell down. Then, A-1, A-2, A-3, A-5 and A-7 stabbed the deceased indiscriminately with knives all over his body. A-4 and A-6 beat the deceased with iron rods. A-2 tried to stab P.W.1 but it missed; A-3 stabbed P.W.1 with a knife on his left upper arm. When P.W.1 tried to escape and went to PWD office, the accused chased him to some extent. Later, P.Ws. 2 and 3 shifted the deceased to the Government Head Quarters Hospital, Nellore. On coming to know of the said incident the police reached the hospital, where P. W.20-Head Constable recorded the statement of P.W.1 marked as Ex. P-1 and the same was handed over to P.W.21-Sub-Inspector of Police. Basing on which he registered a case in Cr.No. 57 of 1996 under Sections 147, 148, 324, 307 r/w 149 IPC and issued Ex. P-17 - FIR to all the concerned and took up investigation; visited the hospital where he was informed that the deceased was shifted to Madras for better treatment. He examined P.Ws. 1 to 3 and recorded their statements. Meanwhile, P.W. 18-the II Additional Judicial First Class Magistrate, Nellore, on receipt of intimation from the Government Hospital, visited the hospital and recorded the dying declaration of the deceased, which is marked as Ex. P-13. On 15-05-1996 P.W.21, visited the scene of offence, conducted panchanama - Ex.P-7, prepared rough sketch-Ex. P-18 and during the course of investigation he further examined P. Ws.5, 6, 8, 12, 17 and recorded their statements. On receipt of death intimation on 16-05-1996 he altered section of law and issued altered FIR-Ex. P-19. Subsequent investigation was taken over by P.W.22-Inspector of Police, who visited the Apollo Hospital, Madras held inquest over the dead body of the deceased in the presence of P.W. 18 and sent a requisition to P. W. 19-Assistant Professor, Forensic Medicine at Kilbank Medical College, Chennai for postmortem examination. P.W. 19 held autopsy over the dead body of the deceased on 18-05-1996 and opined that cause of death is complication of multiple stab injuries. He issued Ex. P-16 postmortem report. P.W.22, the Investigating Officer, arrested A-2 to A-7 and A-9 on 28-05-1996 and during the course of interrogation at the instance of accused he recovered four knives and two iron rods. After receipt of relevant reports and after completion of investigation he laid the charge sheet against the accused for the offences as aforesaid.