SINGAPOGU ANJAIAH Vs. STATE OF A P

JUDGEMENT

(1.) THIS Criminal Appeal is directed against the judgment dated 6th April, 2006 passed in S. C. No. 175 of 2003 on the file of II Additional Sessions Judge, mahaboobnagar, whereby and where under the learned Additional Sessions Judge found A1-Singapogu Anjaiah, A2-Singapogu Chandra Mouli, A3-Singapogu shankaraiah, A4-Singapogu Sreenu, A5-Singapogu Venkataiah, A6-Singapogu narsimha, A7-Singapogu Sailu and A8-Singapogu Bal Ram guilty for the offences under sections 148, 324, 302 r/w 149 IPC and convicted them accordingly and sentenced each of them to suffer imprisonment for LIFE for the offence under section 302 IPC and Rigorous Imprisonment for 9 months for each of the offences under sections 148 and 324 IPC. All the sentences were directed to run concurrently.

(2.) THE appellants/ accused were put on trial before the Additional Sessions judge, Mahaboobnagar for the following charges:

(3.) THE prosecution version as unfolded during trial is as follows: accused are close relatives of PWs. 1 to 5 and they are residents of tirumulgherry village. There were disputes between them over a pathway. An altercation took place in respect of a dispute regarding pathway and a case in crime No. 15 of 1997 under section 324 IPC came to be registered by the Station house Officer, Balanagar. P. W. 1 and his brothers came to be prosecuted and the case ended in conviction. P. W. 1 and his brothers were sentenced to pay a fine of rs. 100/- in the said case. The accused persons were waiting for an opportunity to take revenge against P. W. 1 and his brothers. On 9. 7. 2002 at about 7. 00 A. M. P. W. 1 was on the way to his newly constructed house situated at the end of the village. He noticed A3 and one Chander, a Vidya Volunteer, and Bachya Naik conversing at the house of P. W. 6. Bichya Naik was the Chairman of Watershed committee. When A3 and Bichya Naik requested P. W. 6 to provide chairs of watershed to school purpose, P. W. 1 told them that the chairs purchased by the sarpanch could be spared for the school purpose. Interference of P. W. 1 was not liked by A3. Therefore, A3 abused P. W. 1 for which P. W. 1 admonished him. It is alleged that A3 beat P. W. 1 by holding his color. In the meanwhile, A1 Singapogu anjaiah came from behind, held his head and threw him down. While PW. 1 was being beaten by A1, P. Ws. 2 to 5 and Ramalingam came in the rescue of him. A2 to A8 also joined and resorted to give blows on P. Ws. 1 to 5 and Ramalingam. A1 and A3 beat P. W. 1 and caused injuries to him. A8 caught hold of Ramalingam which facilitated A1 and A2 to beat him. A7 caught hold of P. Ws. 2 which facilitated A4 to beat him with a centring rod. A2, A3, A4, A7 and A8 beat P. W. 3 with sticks on his head and hand. A5 and A6 pelted stones on P. W. 4 and thereby PW. 4 received injuries on his thighs and hands. A1 dealt a blow on P. W. 5 with a stick on his head which he warded off and the blow fell on his hand. Ramalingam fell unconscious. P. W. 1 and others moved him to Government Hospital, Balanagar on a tractor. On the way to hospital, P. W. 1 presented a report before the Station house Officer, Balanagar P. S. P. W. 11 Rajendra Kulkarni, SI of Police, Balanagar p. S. received Ex. P. 1 report presented by P. W. 1 and registered a case in Crime no. 147 of 2002 and issued Ex. P. 9 FIR. He sent all the injured to Government hospital, Shadnagar. Ramalingam (hereinafter referred to as the deceased)succumbed to the injuries on the way to the hospital. P. W. 11 received death intimation at 10. 15 a. m. on the same day. Thereupon, the section of law came to be altered and P. W. 11 filed Ex. P. 10 memo of alteration of section of law in court. P. W. 9 Govind Waghmare, Civil Assistant Surgeon, Government Hospital, shadnagar, examined P. Ws. 1 to 5 and issued wound certificates. He noticed the following injuries on their persons: p. W. 1 had the following injuries: