PUBLIC PROSECUTOR Vs. RANGAM SUBBARAYUDU

JUDGEMENT

(1.) This criminal appeal has been filed by the State represented by the Public Prosecutor, High Court of AP., Hyderabad, against judgment dated 24.3.1999 passed in S.C. No.252 of 1997 by the Additional Assistant Sessions Judge, Ananthapur, acquitting the accused- respondents herein.

(2.) The case of the prosecution, in brief, is that on 25.6.1996 in early morning, at a bore-well, an altercation took place between Boya Maruthi and one Hanumanthu, who were working on looms under Parese Srinivasulu PW1 and Ramana A3 respectively. Thereupon, Parese Srinivasulu who went to the bore well at that time chastised both Maruthi and Hnumanthu and took Maruthi along with him to his house. That on the same day around 6.00 a.m., A1 to A7 formed into an unlawful assembly armed with sickles, daggers, iron rods with an intention to kill PW1, went to the house of PW1. That when the accused cried out the name of PW1, he came out of his house, thereupon the accused picked up a quarrel with PW1 for having chastised their boy Hanumanthu. That in the meanwhile, A1 hacked PW1 on his right hand index finger, A2 stabbed PW1 with a dagger on his nose, whereas A5 bitten the upper lip of PW1 resulting in bleeding injuries to PW1. That when PW2 who is the brother of PW1 went to rescue PW1, A3 beat him with a sickle on his right hand middle finger and also dealt a blow on his back whereas A-4 hacked on his left elbow with a sickle. A-7 dealt a blow upon PW-2 with an iron rod on his right elbow. A-6 dealt a blow with an iron rod on the back of PW-2 and due to the said attack by the accused both PWs.1 and 2 sustained bleeding injuries. That at the instance of Boya Maruthi, Chintha Venkata Dasu, Gorla Janardhana Reddy, Chintha Yerriswamy and Talari Sreenivasulu (L.Ws.3 to 7) PWs.1 and 2 were rescued from the hands of the accused. Thereafter, on the report of PW-1, a case in Cr.No.62 of 1996 for the offence punishable under Sections 147, 148, 324 326, 307 read with Section 149 IPC was registered at Bukkaryasamudram Police Station against the accused and investigated into. As per the Doctor's opinion PWs. 1 and 2 sustained both grievous and simple injuries. That on 1-7-1996 some of the accused were arrested and sent for remand. Thus, the investigation discloses that the accused by forming into an unlawful assembly with deadly weapons, with common intention to kill PW-1 attacked PWs.1 and 2 with deadly weapons and caused simple and grievous injuries. Thus, they are liable for the offences punishable under Sections 147, 148, 324, 326, 307 read with 149 IPC.

(3.) The Additional Judicial First Class Magistrate, Anantapur has taken the case on file as PRC No. 122 of 1996 against A-1 to A-7 for the offences punishable under Sections 147, 148, 324, 326, 307 read with 149 IPC and after following the procedure as prescribed under Sections 207 to 209 Cr.P.C. committed the case to the Court of Sessions, Ananthapur.