GADDAM JAYARAMI REDDI Vs. STATE

JUDGEMENT

(1.) On 23-3-1956, one Pedda Ranga Reddy of Chitrachedu village was murdered in his own house. Alleging that it was the eight appellants and nine others who committed the offence, the police of Teliki charge-sheeted them all for various offences. The Sessions Judge of Anantapur who tried them found only Accused 1 to 8 guilty of some offence and acquitted the Test. Accused 1 to 8, the appellants before us, were convicted under Section 148 I. P. C., and sentenced to two years rigorous imprisonment. In addition, A-1 and A-2 were sentenced to death under Section 302 while the rest were found guilty under Section 302 read with Section 149 I. P. C., and given life imprisonment. The 3rd and 4th Accused were also convicted under Section 19 of the Indian Arms Act and sentenced to one years rigorous imprisonment.

(2.) The facts of the case for the prosecution may be briefly stated ; The village of Chitrachedu was torn by factions one headed by the deceased and his son P.W. 1 while A-l to A-S were the prominent members of other faction. In June, 1955, one Papireddy alias Papodu was murdered. In connection with that case, P.W. 1 and his paternal uncle China Ranga-reddy were put up for trial before the Sessions Judge of Anantapur. That case ended in acquittal. As a measure of retaliation, the murder in question was committed by the present accused. On the fateful night the deceased and his son P.W. 1 were served food by their cook P.W.2 in the kitchen, after they walked into the hall adjoining the kitchen. The deceased was chewing betel leaves standing in front of an iron safe while his son P.W. 1, was getting up the stairs. P. W. 2 was standing at the door-way of the kitchen. A petromax light was burning in the hall. At that juncture, A-l to A-8 armed with deadly weapons rushed into the hall. A-2 shouted "What do you see still? Attack". Immediately the 1st accused beat the deceased on the face with a sickle and A-2 struck him on the head, whereupon the deceased fell down and all the assailants surrounded the fallen man and began to beat him indiscriminately. After a while, the assailants looked at P.W. 1 who was standing on the stair-case. The latter became frightened, ran up the stairs, went into a room and bolted the door. Then he peeped into the hall through the sky-light and saw what was happening below. He found A-3 and A-4 standing with revolvers, and others attacking his father. He also heard revolver shots and pelting of stones outside. After having accomplished their task, the assailants left the place. While going out, the second accused hurled the light at (he deceased saying "You fellow Die," and the light got broken. The inmates of the house were so terror-sticken that they did not stir out of the house. P. W. 15 the village-munsif of the place living 30 yards away from the scene of occurrence heard sounds of gun-shot from the direction of the deceaseds house. So, he got frightened and bolted himself inside. After two hours, ho sent for the "talayari" and accompanied by the latter he went to the house of the deceased. P.W. 1 opened the door. The village munsif saw the deceased lying dead with stab injuries all over the body and broken pieces of light. He recorded the statement of P.W. 1 in which accused 1 to 8 were named as the assailants. That statement is marked as Ex. P-l which is in these words: "This night at about 8 : 00., my father, myself, Chinnappa and Boya Sanjappa took meals. When I ascended half of the stair case there was a cry "What do you see still? Attack". I turned back and saw (1) Jayarama Eeddy armed with a hand sickle (2) Bayanna with hand sickle (3) Musala Reddy with a revolver (5) Gaddain Adinarayana Reddy with a dagger (6) Ankala Reddy Garu Aswartha Reddy with a spear (7) China Hussains son Girianpa with a spear and (8) Gerireddigaru Ramreddy with a spear. They all entered our house. My father L. Poddy Rauga-reddy was standing at the almyrah. All these persons came and stabbed and cut and killed him. When they all set upon me I put the bolt on the upstairs. There were shouts alround the house and shots of guns and revolvers were heard. I have read. It is correct." The village Murisif sent the report at about midnight to the police-station at Teliki and the S.S.M., at Gooty. The report to the police reached the station which is 8 miles from the village at about 3:00 A.M., on the 24th. while the Magistrate received it at about 1: 00 P.M.

(3.) The sub Inspector-in-charge of the station registered the case and proceeded to the village, got there at 6:30 A.M., seized various articles and started investigation. He held the inquest between 8.00 A. M., over the body, examined P. Ws. 1, 2 and Sanjappa and recorded their statements. Afterwards he recorded some more statements. He left for Rampuram and Kandlagudur to which some of the accused belong, to continue his investigation. Meanwhile, the Inspector of Police arrived at the village at about 3 ; 30 P.M., and took over the investigation. He examined P.Ws. 1 to 3 and some others. The Sub Inspector P.W. 17, came there at about 9 : 00 P.M. After, the completion of the investigation, the final charge-sheet was laid on the 25th of May, 1956.