ISNAGARI DURGIAH AND OTHERS Vs. STATE

JUDGEMENT

(1.) The appellants figured as A. 1 to A. 9 in the trial court and they were convicted for various offences, the most serious of them being under S. 302 read with S. 149 IPC and each one of them was sentenced to undergo imprisonment for life. The case of the prosecution is that there are disputes between Begaries and Meereddies of Sadashivapet which resulted in litigation, both criminal and civil between them. P.W. 9 had filed a suit under Ex. P. 3 against A.1, A. 8 and another. This suit was pending at the relevant time. The deceased Begari Nagiah had filed a complaint on 8-9-66 i.e. just a week before the occurrence, against A.2, A.3, A.4, A.9 and some others. The dispute related to certain inam lands which each of them claimed, and it embittered their relations to such an extent that at about 10-30 p.m. on 14-9-66 while the deceased Nagiah was coming back from the bus-stand where he had gone in the company of P.Ws. 1, 3 and 4 to receive P.W. 9 who was expected from Sangareddi but did not come, they were attacked just in front of the house of A.1 where there is also an electric lamp post. While the prosecution witnesses and the deceased were going, they had observed the accused sitting in front of the house of A. 1 armed with weapons. At the time when the attack was made, A.1 hit Nagiah with an axe and when he fell down face upwards A. 2 with a Kattam Para and A.3 with a Kamma Katti inflicted injuries on the face while the other accused are alleged to have beaten him with sticks indiscriminately. P.W. 2 implored the accused not be beat the deceased but A. 7 is alleged to have dealt a blow with a lathi on his head and A.5 beat him also with a lathi on the back and the left shoulder. P.W. 3 when he tried to intervene was beaten by A.6 on the head and by A.4 on the back P.Ws. 5, 6 and Elli the daughter of the deceased hearing the cries and noise came on the scene from their house which is at a distance of about 30 yards from the place of occurrence. They fell on the deceased imploring the accused not to beat him but A.8 beat P.W. 5 with a stick on the back of the left shoulder and A. 9 beat P.W. 6 on the left hand. A. 8 also beat Elli who has not been examined by the prosecution on the legs with a lathi. Thereafter all the accused went away. About 40 or 50 persons gathered at the place and finding that the deceased had died, his body was removed from the scene of offence and was placed in front of the house of the deceased. Then P.W. 1 went to the house of one Gaddila Malliah and asked him to draft a report at about 11 p.m. under Ex.P. 1 and then he went to the police station and presented it to the Sub-Inspector (P.W. 19) of Police. P.W. 19 registered a case on the basis of Ex.P.1 came to the scene of occurrence and observed that there was blood on the ground. He also made an attempt to apprehend the accused but all of them had absconded. He recorded the statement of all the eye-witnesses and in the morning he held an inquest after which the body was sent for post-mortem examination.

(2.) P.W. 12 the Medical officer who conducted the autopsy found the following injuries on the body of the deceased :

(3.) The internal injuries found by him are as follows:-