M SIVARAM PRASAD Vs. STATE OF A P

JUDGEMENT

(1.) THIS appeal under Section 374 of the Code of Criminal Procedure (for short,'the Cr. P. C. ')is preferred by A-1 and A-2 in SC ST SC No. 3 of 2001 on the file of the Special Sessions court For Trial of Cases Under The SC and ST (Prevention of Atrocities) Act, 1989 (I Additional sessions Court) East Godavari, Rajahmundry.

(2.) THE appellants and ten others were tried for the offence under Section 302, read with section 34 I. P. C. for causing the death of one sri Bondada Sadhu Sundar Singh, on 07. 12. 1996 at about 8. 00 p. m. at Kakinada. The trial Court convicted the first appellant for the offence under Section 302 I. P. C. and sentenced him to undergo imprisonment for life, and to pay a fine of Rs. 1,000/ -. The second appellant was convicted forthe offence under section 324 I. P. C. and the sentence against him was restricted to pre-trial custody. A-3 to a-12 were acquitted.

(3.) AT about 9. 00 p. m. on 07. 12. 1996, the sub-Inspector of Police, II Town Police Station (Law and Order), Kakinada received an information that Sadhu Sundar Singh was murdered and his dead body was in the government Hospital at Kakinada. He proceeded to the Hospital, got the inquest and post-mortem conducted. The test identification parade was also conducted enabling P. Ws. 1 and 2 to identify the persons, who were said to have attacked the deceased. His investigation revealed that on 03. 12. 1996, at about 1. 00 p. m. , the deceased Sadhu Sundar Singh and p. W. 2, Barre Bulliraju, were taking tea in a hotel at Karanamgari Centre and at that time, the first appellant came there. The deceased is said to have called the first appellant in a derogatory manner and the latter is said to have taken exception to the same, resulting an altercation. The owner of the hotel is said to have asked all of them to leave the hotel. On 07. 12. 1996, at about 7. 30 p. m. when the deceased and P. W. 2 were taking tea at the same hotel, the appellants, A-9 to A-12 and some other numbering more than 12 are said to have come to that place. The appellants and a-9 were said to have dragged the deceased from the hotel, beat him with a stick on head. When P. W. 2 and another person, by name chille Devananda, were said to have gone to rescue the deceased, the first appellant is said to have threatened them with dire consequences by showing knife and thereupon, they went back. The death is said to have taken place on account of the stabbing injuries caused by the first appellant and others.