UMMABOINA SUVERNAMMA Vs. THE STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The de facto complainant, who is the widow of the deceased, filed Criminal Revision Case No.1615 of 2009, and the State filed Criminal Appeal No.1637 of 2010, challenging the acquittal of all the accused vide judgment, dated 22.06.2009, in Sessions Case No.24 of 2008 on the file of III Additional Sessions Judge, Kurnool at Nandyal. Both these cases have been heard together.

(2.) The parties are hereinafter referred to as they are arrayed in Criminal Appeal No.1637 of 2010.

(3.) The case of the prosecution, in brief, is that one Ummadiboina Nageswara Rao (hereinafter referred to as the deceased) is the husband of P.W.1; that L.W.5 U.Venkata Subramanyam and P.W.2 are the sons of P.W.1 and the deceased; that the deceased is the junior paternal uncle of P.Ws.3 and 4; that respondent Nos.1 and 6 are the junior paternal uncles of the deceased and that respondent Nos.2 to 5 are the cousins of the deceased. The deceased family and the respondents family are the residents of Muthyalapadu Village, Chagalamarri Mandal. Due to the disputes about the hay-rick yard between respondent No.1 and his sons on the one side and the deceased family on the other side, no relationship existed and ill-feelings cropped up among them. That apart, the respondents had suspicion against the deceased as if he was responsible for drying up of the harvested paddy crop of respondent No.1 in the year 2006. Both the respondents family and the deceased family lodged criminal cases against one another in Chagalamarri Police Station. The respondents family, having developed enmity, were waiting for an opportunity to kill the deceased. Four days prior to the incident, P.W.5, the younger brother of the deceased, watching the movements of the respondents, advised the deceased family to be careful and vigilant. On 30.08.2007, at about 6.00 p.m., the deceased, with yoke and bulls, was returning home from the fields at the outskirts of Muthyalapadu Village and on his way, he reached near the houses of respondent Nos.2 and 3. At that point of time, respondent Nos.1 to 9 formed themselves into an unlawful assembly, armed with pattudu natu sticks, waylaid and in prosecution of their common object to kill the deceased, surrounded him and beat him on his head with those sticks. P.Ws.1 to 4 and L.W.7 Ummadaboina Venkata Ramana, who witnessed the incident, went to rescue the deceased, on that respondent Nos.2 and 3 beat P.W.3 on his back with those sticks. Afraid of the respondents, P.W.2 ran away. Respondent Nos.1 to 5, while leaving the place of occurrence and uttering that they will kill one Obulesu, escaped from there by proceeding towards Cheruvu katta. Thereafter, P.W.1 and others found the deceased dead with head injury. On 30.08.2007, at about 8.00 p.m. basing on Ex.P-1 report, the Station House Officer, Chagalamarri Police Station registered a case in Crime No.58 of 2007 under Sections 147, 148, 324, 302 read with Section 149 I.P.C. and sent copies of F.I.R. to the Court and Officers concerned and investigated into. P.W.8, the Medical Officer, who conducted autopsy over the dead body of the deceased, opined that the deceased would appear to have died of shock and haemorrhage due to the head injury about 18 to 20 hours prior to the post-mortem examination and that the injuries sustained by P.W.3 are simple in nature and aged about 5 to 6 hours prior to the medical examination. On 17.09.2007 at about 7.30 a.m., the Inspector of Police, Allagadda, Sub-Inspector of Police, Chagalamarri Police Station with the supporting staff, effected arrest of respondent Nos.1 to 9 at Bramhamgari matam between Muthyalapadu and Chakravarthulapalli Villages, recorded their free and voluntary confession about the commission of murder of the deceased and remanded them to judicial custody before the Court of the Judicial First Class Magistrate, Allagadda. Accordingly, charge sheet was prepared by the Inspector of Police, Allagadda. Based on the charge sheet, the Court below framed the following charges: