PUBLIC PROSECUTOR Vs. KAPU CHINNAIAH

JUDGEMENT

(1.) A question relating to joinder of charges arises in this case for consideration.

(2.) This is an appeal by the State against the acquittal by the Judicial First Class Magistrate at Pargi on the ground that the provisions of section 218, Criminal Procedure Code are mandatory and that there should have been separate charges for the distinct offences.

(3.) The respondents were charged with offences punishable under sections 148, 452, 325, 324 read with section 149, Indian Penal Code. The prosecution alleged: there are two factions in the village of Dirsampalli within the jurisdiction of Pargi Police Station. One group was led by Kapu Chinnayya and the other by Mai Reddy. On 21st of April, 1975, in the night one person belonging to the group of Mal Reddy was assaulted by a person belonging to the other group. On 22nd of April, 1975 at about 7 A.M. people belonging to Mai Reddy group attacked one Nagaiah on the other group and caused him injuries. At about 2 P.M. on the same day persons belonging to the same group attacked Lambadi Tanda and Mal Reddy opened fire on Lambadas in which three persons received bullet injuries. This challenge was taken up by Kapu Chinnayya's faction and they chased Mai Reddy party people. As the fled, Mai Reddy, Bal Reddy and Narasimhulu concealed themselves within the house of one Jabbar. Some of the accused entered into the house by removing the door flanks and indiscriminately beat A Narasimhulu, Mal Reddy and Bal Reddy with sticks and stones and caused them injuries on their persons. Details as to who beat which injured person and with what weapons are also described in the charge-sheet. Then the accused proceeded further and entered the house of one Sangappa and inflicted injuries on his person with sticks. This is alleged to have been done by all the accused. Then they entered the house of Chandra Reddy, beat him and inflicted injuries with sticks. Some of the accused participated in this beating. Thereafter, they entered the house of Bichappa and there he was beaten by some of the accused. One Madiga Bugappa was also beaten in his house by some of the accused. Thereafter they entered the house of Eswariah and some of the accused caused injuries to him. Thereupon they entered the house of a Muslim and caused injuries to one Buchinna who was hiding there. Some of the accused beat him. The accused persons also beat P.W. 10 in the house of Jabbar with sticks.