NANDIPAMULA ANJAYYA Vs. STATE

JUDGEMENT

(1.) The appellants, 25 in number who are accused in S.C. No. 31 of 1966 on the file of the Sessions Judge, Krishna, have been convicted for various offences undet sections 147, 148, 302 read with section 34 on three counts and also under sections 324, 323 and 352, Indian Penal Code.

(2.) On 19th March, 1966 at about 5 P.M., the bus APW 14 proceeding from Vijayawada to Jakkampudi was stopped by about 50 persons armed with spears and sticks about one or one and half furlongs south of Nandipativari choultry and as the driver, cleaner, checker and most of the other passengers ran away, six passengers, who stayed in the bus, viz., Adam, Jamalayya and Yesupadam (hereinafter referred to as deceased Nos. 1, 2 and 3 respectively) as well as P.Ws. 1 to 3 were attacked, as a result of which Adam (D-1)died on the spot and Jamalayya (D-2) and Yesupadam (D-3) died in the hospital on 20th Macrh, 1966 at 4 P.M. and 21st March, 1966 at 9-10 P.M. respectively and P.Ws. 1 to 3 sustained injuries. The case for the prosecution is that on account of factions in the villages of Jakkampudi and Shahabada, the accused, of whom accused 5 to accused 8, accused 13 and accused 15 belonged to Shahabada and the rest to Jakkampudi, formed themselves into an unlawful assembly with the common object of attacking and causing the death of three deceased, accused 1 to accused 14 and accused 18 arming themselves with spears, accused 5 to accused 17, accused 19 to accused 25 with stick, and committed rioting and in the prosecution of that common object attacked the three deceased as well as P.Ws. 1 to 3 as they were coming in the bus and caused the injuries on 19th March, 1966 as a result of which D-1, D-2 and D-3 died and P.W.s.1 to 3 sustained injuries.

(3.) The facts as disclosed by the evidence of the witnesses examined for the prosecution are that on the wake of introduction of democratic institutions like the panchyatiraj and having an elected president of the co-operative society, came dissentions and strife to disturb the hitherto peaceful rural life in the villages of Jakkampudi and Shahabada, separated by a distance of 3 furlongs in Vijayawada taluk of Krishna district. Jakkampudi and Shahabada form one unit for the purpose of panchayat elections. In the panchayat elections of 1964, four were elected from Jakkampudi and three from Shahabada and they had unanimously elected Sri V. Mahadevayya as the sarpanch. There was a co-operative society called ' Tadipalli Co-operative Credit Society' and one Sri K. Subbaraju was its president. This society operated in the villages of Tadepalli, Shahabada, Ambapuram, Kottur and Jakkampudi and was supplying the manures necessary for agricultural operations. As there was no equitable distribution of the manures as amongst the villages, the re were complaints and in November, 1965, P.W. 1 and a resident of Jakkampudi as well as Sri Mahadevayya the sarpanch questioned the said Sri Subbaraju, President of the co-operative society as to why the manures are not being distributed properly.