ARAVA NAGIREDDI AND OTHERS Vs. THE STATE

JUDGEMENT

(1.) Of the 16 accused, who stood charged for various offences (23 counts in all) before the Additional Sessions Judge, Cuddapah, in relation to an incident which took place on 5th February, 1964 at about 6-30 A.M. in Thummalapalli village, Kamalapuram taluq, Cuddapah, district, resulting in the death of Kudumula Chinna Veerareddi (deceased 1), Kudumula Ramanjaneyareddi (deceased No. 2) and Kudumula Subbamma (deceased No. 3) and hurt to some others, three of the accused (accused 1 to 3) have been convicted under section 302, India Penal Code, for committing murder of deceased (Nos. 1, 2 and 3 respectively) and sentenced to life imprisonment. Each of them has also been convicted under section 149 read with section 302, Indian Penal Code, for the other two murders for which they were indirectly responsible. They were besides convicted for certain minor offences under the Indian Arms Act on counts Nos. 12, 13, 14, 15, 16 and 17 and sentenced to various terms of imprisonment. Of the other accused, accused 5 and 15 were convicted under section 302 read with section 149, Indian Penal Code and sentenced to imprisonment for life. They were, besides, convicted for the offence under section 324 read with section 149, Indian Penal Code, on counts Nos. 9 and 11 and sentenced to 3 years' imprisonment for each of the said offences. The various terms of imprisonment awarded to each of the accused were directed to run concurrently. Against the orders of conviction and sentences the said accused have come up on appeal.

(2.) The village, Thummalapalli, was torn by factions. Of the two factions which were formed, one was led by accused 3 (Lingareddi Ramireddi) and the other by Kudumula Errapa Reddi, father of P.W. 1 ill-feelings started on the death of Arava Obiah who died possessed of vast properties. Kudumula Yerrapa Reddi had married his daughter Gangulamma. In fact he was taken as the illatom son-in-law. Three sons were born to him of whom Peda Veerareddi is the eldest and Ramalinga Reddi (P.W. 1) is the youngest. The only other son was China Veerareddi (the first deceased) Peda Veerareddi who had married Narayanamma had by her a son (Ramanjaneya Reddi (deceased No. 2). Deceased No. 3 was the wife of Chinnaveera reddi (deceased No. 1). They had no children. The third son Ramalingareddi was yet unmarried. Gangulamma, (the daughter of Peda Obiah) died soon after P.W. 1 (Ramalinga Reddi) was born. Thereafter Pedda Obiah also died. On his death, there was scramble for his property. The 1st accused (Arava Nagireddi) got possession of the property claiming to be his heir. Peda Veerareddi, son of Yerrapareddi, as a result, brought a suit against him for recovery of the said property. The suit ended in a decree in his favour and this decree was eventually upheld in appeal. The sons of Yerrapareddi then came into possession of the properties of Pedda Obiah. This was the genesis of the real ill feeling between the 1st accused and the sons of Yerrapureddi. This happened twenty years ago. Certain other events which took place subsequently augmented their strained relationship. As it is accused, 3, 5 and 15 who had relationship with accused they were suspected of having assisted him in the previous litigation. About five years prior to the present incident there developed a dispute with regard to a right of way between accused 15 and the 1st deceased. There was a fresh water well known as Dasabandham Bhavi on a Government site. To the west thereof was the public way and then the land of Yerrapareddi. The well became dilapidated and the way as a result subsided into the well. Accused 15 took his ploughs through the land of Yerrapareddi. His sons took objection. Thereupon accused 15 brought a suit against the 1st deceased. It appears the dispute was of a trivial nature and when the well was repaired by Arava Chinna Veera Reddy and accused 15, the pathway automatically became restored and accused 15 saw no occasion for continuing his suit. The enmity nevertheless developed between him and Yerrapa Reddi's family members.

(3.) About a couple of years before the date of the offence accused 5 tried to encroach on the kallam of Yerrapareddi and this way objected to by the family members of Yerrapareddi. Some time thereafter, accused 1 to 3 and 10, 12 and 15 dragged Yerrapareddi into the house of 1st accused and beat him. Yerappareddi launched a criminal complaint against them. But it was thrown out after long drawn trial. This was a further cause of embitterment of feelings between the two families.