KURAKULA NARAYANA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS case presents certain extraordinary facts and thereby the relevant questions.

(2.) THE appellants herein were arrayed as A -1, A -4 and A -7 in S.C. No. 298 of 2003 on the file of the learned VI Additional District and Sessions Judge, (F.T.C.), Markapur, together with A -2, A -3, A -5, A -6, and A -8 to A -16. They were tried for various charges, referable to Sections 147, 148, 452, 302, 302 read with Section 149, 506 and 201 of the Indian Penal Code (for short 'IPC'). During the trial, A -14 died and the case against him abated. The trial Court acquitted A -2, A -3, A -5, A -6, A -8 to A -13, A -15 and A -16, but, however, found the appellants guilty of the offences punishable under Sections 302, 201, 148 and 452 IPC.

(3.) THE case against the appellants and other accused commenced with the submission of a complaint, marked as Ex.P -1, by P.W.1 on 17 -07 -2001 at 3:30 p.m. He stated that when he went to Akkapalem village at mid day on 17 -07 -2001, P.W.2, Chinna Galamma, reported that during the last night i.e. at 9 p.m. on 16 -07 -2001, while her husband by name China Kotaiah was in the cot along with the children, A -1 to A -9 and some others have trespassed into the house, armed with the axes, spears, hurled bombs, and took away her husband from that place. Thereafter, A -1 is said to have hacked China Kotaiah on his neck and A -7 stabbed him on the stomach with the spear and A -4 hacked him with axe on the neck, on the road, in front of the house. The other accused are said to have shouted inciting the said accused, to kill China Kotaiah.