GOLLA SANKARAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) A1 to A13 were tried by the Court of the I Additional Sessions Judge, nellore, in Sessions Case No. 113 of 2000 on several charges. The case against a3 and A10 abated on account of their death, during the pendency of the case. First charge was against accused Nos. 1, 2, 4 to 13 for the offence punishable under Section 148 of the Indian Penal Code (IPC ). Accused Nos. 1, 2, 4 to 9 and 11 were found guilty of the said charge and they were sentenced to rigorous imprisonment for one year. Accused Nos. 12 and 13 were acquitted of that charge. Second charge was against accused Nos. 1, 2, 4 to 13 for the offence punishable under Section 307 read with 149 IPC for attempting to cause the death of P. W. 1. In the same charge, accused Nos. 2 to 5, 7, 8, 11 and 12 were accused of causing hurt to P. W. 2. The trial Court found the said accused guilty of the offence punishable under Section 324 IPC and imposed sentence of rigorous imprisonment for one year. The third and grave charge was against accused Nos. 7, 8 and 11 for the offence punishable under Section 302 IPC. They were alleged to have caused the death of Golla Subbaramaiah-the deceased. The trial Court convicted and sentenced them to undergo imprisonment for life and to pay fine of rs. 1,000/- each, in default, to suffer rigorous imprisonment for three months. The sentences were directed to run concurrently. The appellants herein, who figured as accused Nos. 1, 2, 4 to 9 and 11, filed this appeal against the judgment of the trial Court dated 17. 02. 2006.

(2.) P. WS. 1 and 2 and the deceased are brothers. P. W. 3 is their nephew. Accused Nos. 1 to 4 are brothers. There existed some disputes between the two parties as regards access to the agricultural fields and residential houses. Representations were submitted to the revenue authorities in this regard and suggestions were said to have been given to the parties in the matter of exercising their rights.

(3.) ON 11. 06. 1998, P. W. 1 is said to have demanded A13 to pay Rs. 10,000/-, which was due to him. The latter is said to have asked the former to come to his house on the next day to collect the same. P. W. 1 is said to have called A13 at 9. 30 a. m. on 12. 06. 1998. Accused Nos. 1 to 4 and 6 to 9 were said to have come out of the house armed with weapons and when A1 tried to attack P. W. 1, he tried to ward-off and in the process, received blood injury in the lower lip. Accused Nos. 2, 3, 6 and 10 are said to have beaten him on the head with rods. On hearing the cries of P. W. 1, his brothers P. W. 2 and the deceased are said to have rushed to the scene. Then, A8 is said to have given a blow with an iron rod on the head of the deceased and when he fell down, accused Nos. 6, 7 and 11 dealt further blows. Accused Nos. 7 and 11 are said to have attacked P. W. 2 and caused injuries on the right shoulder and head. Accused Nos. 6 and 12 are said to have pelted stones against P. Ws. 1, 2 and the deceased. All of them were shifted to the Government Hospital at Naidupet.