SOMARAOUTHU SIVRAMAKRISHNAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) CRIMINAL Appeal No. 996 of 2006 has been filed by A-1, A-6, A-9 and A-10, and Criminal appeal No. 1026 of 2006 has been filed by a-2 to A-5 and A-7, in Sessions Case No. 337 of 2005 on the file of the Session Judge, guntur, challenging the judgment dated 16-6-2006, whereunder and whereby the learned sessions Judge found the appellants-

(2.) THE case of the prosecution, in brief, may be stated as follows: vellanur village of Guntur district is within the limits of Pedanandipadu police station. It is a faction village. One group is constituted by 'suda' families, while the other group by 'somaroutha' families. Sessions Case No. 522 of 2004 on the file of the VIII Additional sessions Court (Fast Track Court), Guntur is pending for the murderoftirupathiah and Siva kumar. P. Ws. 1 to 6 herein, Sudasamudariah, s/o. Venkatappaiah (Deceased No. 1), Batchu srinivasa Rao @ Vasu, s/o. Venkayamma, (Deceasedno. 2) and Suda Venkateswara rao @ Badvai, s/o. Venkatappaiah (Deceased no. 3) and 9 others, are the accused in the said Sessions Case, and conditional bail was granted to them. Out of the total 18 accused, 5 were directed to stay at Guntur and report at lalapet police station everyday, and rest of 13 accused were directed to report at the same police station every Sunday. The said conditions were relaxed by this Hon'ble Court on 18-6-2004. On 22-6-2004, without having knowledge about the relaxation of the condition, P. Ws. 1, 3, 6 and the deceased 2 and 3 went to Lalapet police station at 9. 30 a. m. and reported to the station House Officer, and thereafter, they went to market where they wee joined by p. Ws. 2, 4, 5 and deceased No. 1. All of them boarded a bus to go to Vengipuram, to see mother-in-law of P. W. 1, who was ailing. They got off from the bus at Prathipadu and p. Ws. 1 to 6 engaged one auto rickshaw, while the three deceased took another auto rickshaw. P. W. 7-the driver of the second auto, took two more passengers P. Ws. 8 and 9. P. W. 8 was Assistant Engineer in d. P. E. P. and he was going from Vangipuram to examine progress of a school building. The second auto boarded by the deceased persons, was going behind the first auto boarded by p. Ws. 1 to 6, at a distance of 40 to 50 yards. At about 11. 30 a. m. when the second auto rickshaw was to take a turn near abbineniguntapalem village, bombs were hurled on the 2nd auto rickshaw. On hearing the bomb explosion, P. Ws. 1 to 6, who were traveling in the first auto, stopped their auto, went some distance back and witnessed all the accused hacking the three deceased with hunting sickles, battle axes and badise. They ran to the auto rickshaw and noticed the three deceased lying dead, and the co-passengers and the driver lying on the road with injuries. They also noticed the accused going away from the place of occu rrence in a jeep and a car towards Guntur. Many villagers, who were working in the neighbouring fields, rushed to the scene of occurrence. While so, P. W. 19-Sub-lnspector of Police, pedanandipadu, received a telephone at 11. 45 a. m. from a stranger informing that murder took place near church in Abbineniguntapalem village. He came to the scene of offence with his staff and found the auto turned turtle and 3 dead bodies lying nearthe auto. He also found p. Ws. 7, 8 and 9 with injuries. He sent them togunturgeneral Hospital for treatment. Then, p. W. 1 submitted Ex. P-1 written report. P. W. 19 received it, went to police station and basing on the same, registered a case in crime no 32/2004 at 2. 00 p. m. Ex. P-34 is the first Information Report. P. W. 19 requested the Guntur Police to send clues team for investigation. P. W. 22 incharge Inspector of ponnurcircle, reached the scene of offence at 3. 00 p. m. and took up investigation. On the direction of P. W. 22, P. W. 19 held inquest on the dead body of the deceased No. 2 between 4. 00 p. m. to 6. 30 p. m. under Ex. P-35-inquest report. He examined P. Ws. 1, 3 and 6 and recorded their statements. P. W. 22 observed the scene of occurrence in the presence of mediators under Ex. P-6 report, and prepared rough sketch Ex. P-43. On the instructions of p. W. 22, P. W. 20 held inquest on the dead body of deceased No. 3 under Ex. P-12 inquest report. P. W. 22 held inquest on the dead body of deceased No. 1 under Ex. P-7-inquest report. After inquests, the dead bodies were sent to Government Hospital, Gunturfor autopsy. P. W. 16 Assistant Professor, department of Forensic Medicine, Guntur medical College, conducted the autopsy on the dead bodies of the deceased Nos. 1 to 3, under post-mortem certificates Ex. P-15 to p-17. P. Ws. 7 to 9 were examined by p. W. 21-Civil Assistant Surgeon, Government hospital, Guntur, fortheir injuries, and issued exs. P-37 to P-39 wound certificates. On 30-6-2004, P. W. 23-Circle Inspectorof police, Ponnur took up investigation. He arrested A-1 to A-3, A-5, A-6, A-9and A-10 and recovered M. Os. 12 to 21 (10 weapons) from open place under Ex. P-8. Later, the said accused led police to the house of one manikyala Rao at Guntur and showed their clothes, which were seized under Ex. P-11. Thereafter, they were sent to judicial remand. On 22-7-2004, A-4 was arrested and he showed his clothes M. Os. 39 and 40, kept in his mother-in-law's house at Guntur and the same were seized under Ex. P-8 seizure panchanama. Thereafter, he was sent for judicial remand. After completion of investigation, police laid the charge sheet.

(3.) THE charges framed against the appellants are as follows: