V SATHYAMAIAH Vs. STATE OF A P

JUDGEMENT

(1.) These two appeals are directed against the judgment of the learned Sessions Judge, Anantapur in Sessions Case No. 54 of 75. Eleven accused were tried for rioting with deadly weapons, murder and causing simple hurt with deadly weapons. The accused 1 to 6 and 11 were convicted under Sections 148 and 302 r.w. 149 I.P.C. in regard to the death of one Chinna Narayanareddi. Each of them was sentenced to suffer imprisonment for life under the second count- No separate sentence was awarded under the first count. A-3 was further convicted under Sec. 324 I.P.C. for causing simple hurt to P.W. 1 and was sentenced to suffer rigorous Imprisonment for one month. The accused 1, 2, 4 to 6 and 11 were convicted under Sec. 324 r.w. 149 I.P.C. in regard to the injuries of P.W. 1 and each was sentenced to suffer rigorous Imprisonment for one year. A-6 was convicted under Sec. 324 I.P.C. for causing hurt with a deadly weapon to P.W. 4 and was sentenced to suffer rigorous Imprisonment for two years. The accused 1 to 5 and 11 were convicted under Sec. 324 r.w. 149 I.P.C. in regard to the injuries of P.W 4 and each was sentenced to suffer rigorous imprisonment for two years. The sentences of the accused 1 to 6 and 11 were directed to run concurrently. A-7, A-8, A-9 and A-10 were acquitted of all the charges. The accused 5 and 11 preferred Crl. A.No. 920/76 while the accused 1 to 4 and 6 preferred Crl.A.No. 1029/76 against their convictions and sentences.

(2.) The occurrence in this case took place in the village of Apparascheruvu in Dharmavaram taluk at about 12-30 p.m. on 2-1-1975. It resulted in the fatal injuries of one Chinna Narayana Reddi (who will hereinafter be referred to as the deceased) and simple injuries to the deceased's brother Pedda Narayana Reddj (P.W. 1) and the deceased's son Bhaskara Reddi (P.W.4). The village of Apparascheruvu was divided into factions since long. One faction was being led by the deceased. The opposite faction was being led by Ramachandra Reddi, the Ex-Village Munsiff. There were several factious clashes which resulted in prosecutions in the courts for rioting and for murder. There were security proceedings also. The factious feelings were so intense between the parties that a police party had to be regularly stationed in the village to maintain law and order since about three years before the occurrence. P.W.7 and another constable were staying in the local choultry.

(3.) By January, 1975, Ramachandra Reddi was serving a sentence of life imprisonment having been convicted in connection with the murder of a member of the faction belonging to the deceased.