STATE OF A P Vs. MEEGADA SUDHAKAR REDDY

JUDGEMENT

(1.) A gruesome and terrifying incident has taken place, at about 9-45 A. M. on 11. 4. 2000, in a village by name, Kanthamma Saatram, on the Mydukur-Proddatur road, in Kadapa District. 7 persons, by name Putha Chappal Reddy (deceased No. 1) and his two sons, Pulla reddy (deceased No. 4) and Raghunatha Reddy (deceased No. 5); Putha Pedda Yella reddy (deceased No. 3) and his two sons, Singa Reddy (deceased No. 6) and Chinna yella Reddy (deceased No. 7); and one M. Ramakrishnaiah (deceased No. 2), all, residents of Sambaturu village of the same district, were killed in a faction feud, when they were traveling in an APSRTC bus. PW-1, the son of D-3 and brother of D-6 and D-7, submitted a complaint, marked as Ex. P-1, before the P. S. Proddatur Rural, narrating the history of faction in their village, and the manner in which the deceased were said to have been killed by the accused. A marathon trial in S. C. No. 276 of 2000 has taken place, in the Court of III additional Sessions Judge (FTC), Kadapa, in respect of the same. The respondents herein were arrayed as A-1 to A-36. As many as 17 charges were framed. All the accused pleaded not guilty. The prosecution examined 27 witnesses and marked 49 documents. On behalf of the defence, DWs-1 to 7 were examined and Exs. D-1 to D-16 were marked. At the instance of the Court, CW-1 was examined and Exs. X-1 to X-22a were marked. As many as 56 material objects were brought on record. The trial court framed 8 points for its consideration, including the one, of alibi, pleaded by A-1, A-5 and A-6. Through its judgment, dated 5. 5. 2004, the trial court held that the prosecution failed to prove its case, against the respondents, and accordingly, acquitted them. The State preferred this appeal, assailing the acquittal handed out by the trial court, to the accused.

(2.) THE gist of Ex. P-1, and the case of the prosecution is that factions existed in Sambaturu village for the past few decades, on the line of loyalty of persons Congress party or Telugu Desham Party, as the case may be. Quarrels took place between the followers of the said parties, and cases ensued against each other. The factions become violent in the year 1994, when elections to the a. P. Legislative Assembly took place. Bombs were hurled against each other. S. C. No. 313 of 1998 was registered against all the deceased herein, PWs-1 and 4, one Chinna Yella Reddy and Chintha Veera Reddy, under Section 436 IPC and sections 3 and 5 of Explosive Substances Act. On 20. 7. 1998, Meegada Prabhakar reddy, the brother of A-1, is said to have been killed by Putha Chappal Reddy, d-1, and others, near V. Rajupalem village. The case in relation thereto was pending, in the Court of Sessions Judge, Kadapa. The ill-feelings got further deepened.

(3.) ON 11. 4. 2000, D-1 to D-7 with their men, were traveling from V. Rajupalem to Proddatur, to appear in the Court of Additional Sessions Judge, at that place, in another case. A-11, a-16 and A-20 are said to have boarded that very bus, at different places. A-29 traveled on a motorcycle, to ascertain whether the deceased and their party have boarded the bus. When the bus reached Kanthamma Satram stage, it came to a sudden halt, and immediately one jeep in the front, and another at the back of the bus, were kept. From the jeep kept in the front side, A-1 is said to have come out and hurled a bomb at the bus. When the inmates were frightened and moving away, D-6 is said to have jumped from a window, and when he was running away, A-1 is said to have hurled a bomb at him, the explosion of which has caused fatal injuries resulting in death. PW-1 and some other witnesses are said to have jumped from the windows of the bus, and witnessed the different accused attacking the various persons, including D-7, who was on the top of the bus. While D-1 to D-5 were found dead on the spot, D-6 and D-7 were shifted to the hospital, where they were declared dead. The names of A-1 to A-19 were mentioned in Ex. P-1. Police took up investigation and inquest on all the dead bodies was conducted. Thereafter, post-mortem was also caused. The respondents were arrested at different stages and material objects were seized. The prosecution alleged that the accused held a clear motive to kill the deceased, on account of the faction feud. The accused pleaded not guilty, and the trial court acquitted all of them.