KOONA RAMAKRISHNA REDDY Vs. STATE OF A P

JUDGEMENT

(1.) THE appellant herein were tried by the Sessions Court, Anantapur, on the charges that they committed the murder of one Pedavannuru, on 16-03-1998 and caused injuries to some persons. They were committed for the offences under Sections 304 Part-II read with Section 149 I. P. C. , and 148 IPC, in S. C. No. 15 of 2000. They were sentenced to undergo rigorous imprisonment for seven years each, for the offence under Section 304 Part-II, read with 149 IPC. For the offence under section 148 IPC, sentence of rigorous imprisonment for two years each was imposed. In addition, appellants 3 and 8 were convicted, for the offence under section 324 IPC, and were sentenced to undergo rigorous imprisonment for two years each. The sentences were directed to run concurrently.

(2.) WHILE Criminal Appeal No. 1347 of 2004 is filed by the accused against the convictions and sentences imposed against them, Criminal Appeal No. 1165 of 2005 is filed by the State, challenging the acquittal of the appellants for the offence under Section 302 I. P. C. , and the quantum of sentence awarded against them for the offence under Section 304-II I. P. C.

(3.) THE case before the trial court was that there existed two factions in the medimakulaapalli village of Pedda Vadugur Mandal, Anantapur District, one led by venkata Ranga Reddy, and the other by Garuda Sekhar Reddy. The appellants were said to be the followers of Venkata Ranga Reddy. On 16. 3. 1998, the appellants were alleged to have chased PWs-4 and 5, with a view to kill them, when the latter were waiting at the nearby bus stand. PWs-4 and 5 ran towards the village, entered the house of PW-4 from the southern entrance, and fled away through the western entrance. At that time, PW-1, the mother of PW-4, the deceased Pedavannuru, PW-7, the brother of the deceased, PW-2, wife of paternal uncle of the deceased, and PW-3, the daughter of the said witness, were said to be in the front yard of the house of PW-4. It was alleged that the deceased was unwell and PW-1 was giving a tablet to him, and in the meanwhile, on finding that PWs-4 and 5 have escaped, all the appellants have gathered, in front of the house of PW-4, and started attacking the deceased, one after the other, with the sickles in their hands. It was alleged that when PWs-1 and 2 tried to intervene, appellants 8 and 3 attacked the said witnesses and caused the injuries. It was also stated that appellant No. 9 had kicked the deceased on the chest, and thereafter, appellant No. 1 also kicked him and as a result, the deceased died.