K RAGHUPATHI RAO Vs. STATE OF A P

JUDGEMENT

(1.) A-1 and A-6 in S.C.No. 137/90 on the file of the Addl. Sessions Judge, Nellore, are the appellants. Originally, A-l to A-6 were tried on six charges for the offences punishable u/s 148, IPC against A-1 and A-2, u/s 147, IPC against A-3 to A-6, u/s 302 r/w Sec. 34 IPC against A-1 and A-2, u/s 302 r/w 149, IPC against A-1 to A-6, u/s 324 IPC for causing injury to P.W.1 against A-6 and u/s 324, IPC for causing injury to P. W.2 against A-1. Pending trial, A-2 died and case against him abated. A-l was convicted u/s 302, IPC and sentenced to life imprisonment. A-6 was convicted u/s 324, IPC for causing injury to P.W.I and sentenced to six months R.I. Accused were found not guilty on all other charges. A-l and A-6, aggrieved by their conviction and sentence, preferred this appeal.

(2.) The substance of the charge-sheet against the accused is that on 11-5-89 at about 5.00 p.m. at Mandabayalu Centre, they caused the death of Nanduri Thirumaleswara Reddy (hereinafter referred to as the deceased) and in the process caused injuries to P.W.I (Patnam Ravindera Babu) and P.W.2 (Patnam Seshamma).

(3.) The case of the prosecution is that A-l and A-2 are brothers. A-3 is their cousin. A-4 and A-5 are related to A-l and A-2. A-6 is an associate of A-1 and A-2. A-2,3 and 5 were students. P.W.5 (Nanduru Krishna Reddy) and P.W.2 are father and mother of P.W.I respectively. There were old grudges between the deceased and all the accused. About three years prior to this offence, the deceased questioned A-1 and A-2 when they indulged in teasing. Then, A-1 and A-2 beat the deceased and he gave a report. The elder sister of A-1 was working in Kovur police station as typist. When A-1 and A-2 were released by the police the deceased threatened to get their sister transferred. About four or five days prior to this offence, the employees of Thermal Station staged 'Balanagamma' drama, in which, father of A-5 acted as "Mayalapakeer". In that connection, the deceased, P.W.I and others who were sitting nearby whistled and heckled him.