CHIGURIPATI SURYANARAYANA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Roth these appeals (Crl. Appeal No. 1741 of 1997 preferred by Al and A2 and Crl. Appeal No. 1734 of 1997 preferred by A3 and A4) are directed against Judgment dated 4-12-1997 in SC No.239 of 1994 on the file of Addl. Sessions Judge, Guntur under which A1 to A4 were convicted for the offence under Section 148 IPC, A1 was convicted for the offence under Section 302 IPC and A2 to A4 were convicted for the offence under Section 302 read with Section 149 IPC and A5 to A8, A10 to A13 were acquitted. A1 to A4 were sentenced to undergo R.I. for three years for the offence under Section 148 IPC, A1 was sentenced to under go life imprisonment and to pay a fine of Rs.5,000/- in default to undergo Simple imprisonment for five months for the offence under Section 302 IPC, A2 to A4 were sentenced to undergo R.I. for life each and to pay a fine of Rs.5,000/- each in default to undergo Simple imprisonment for the offence under Section 302 read with Section 149 IPC.

(2.) The facts of these appeals may be stated briefly as follows: The accused and the deceased Manchineni Jagamohan Rao belong to Didugu village of Amaravathi mandal, Guntur District. It is a factious village with predominent population of Kammas followed by Harijans, Reddies, Talagas and other communities. There are factions between Kammas themselves from long time. The deceased was leading one group as opposed to the group lead by A1 and A3. There were several clashes between two groups previously resulting in several criminal cases against both the groups. On 11-12-1992, Cr.Nos.104 of 1992 and 105 of 1992 under Sections 147, 148, 506, 307 r/w Section 149 IPC of Amaravathi police station were registered against both the groups and they were under investigation. Bach group was trying to assert its superiority. In Cr.No.105 of 1992, the persons belonging to the group of the deceased got bail from the Sessions Court, Guntur. The persons belonging to the group of the accused who were involved in Cr.No.104 of 1992 also got anticipatory bail from the Sessions Court, Guntur.

(3.) On 23-1-1993, the group of the accused who got anticipatory bail in Cr.No.104 of 1992 sent sureties to get released on bail, at Amaravathi police station. They went in a tractor for executing the necessary bait bonds at Amaravathi police station but on that pretext they had planned to attack the persons of opposite group and its leaders. As the accused were aware that the members of the opposite group also got bail in Cr.No.105 of 1992 and were in Didugu village. With this background, the accused went in the tractor of A13 to Didugu village to attack the deceased Manchineni Jagamohan Rao. The deceased along with PW1 Manchineni Nageshwar Rao, PW2 Manchineni Venkata Prasad PW3 Ananthaneni Pallabhiramaiah were at the request bus stop at Didugu village to go to Guntur at 7-30 p.m. on 22-1-1993, the accused went there in the tractor of A13 armed with deadly weapons like spears, axes and sticks with the common object of doing away the members of the group of the deceased and suddenly attacked the deceased jumping out from the tractor. Al gave a call to others to kill the deceased by uttering 'Jaggadini Champandi Raa'. When the deceased tried to skulk away to save himself, A2 and A3 held the deceased tight, then A1 speared the deceased and the deceased raised hue and cry saing 'Nannu Champakandi Raa' (Don't kill me). The accused also chased PWs. 1 to 4 calling 'Migilina Vallanu Kooda Champandi Raa' (kill the remaining also), on that PWs. 1 to 4 took to their heals for fear of assault raising cries. On this commotion, the police picket personnel came to the said bus stop. PWs.1 to 4 also came there and found the deceased lying with bleeding injuries. The deceased was shifted to Amaravathi police station in a tractor by PWs. 1 to 4 and PW5 Bandela Raghwamaiah, but on the advice at the police station, as the condition of the deceased was precarious, he was taken to the hospital, Guntur where the casuality Medical Officer declared him dead. On intimation from the hospital, the statement of PW1 (brother of the deceased) was recorded at 11-30 p.m. on 22-1-1993 at Kothapet police station and the same was transferred to Amaravathi police station on the point of jurisdiction. On receipt of the statement and intimation of death from Kothapet police station, Guntur town, a case in Cr.No.7 of 1993 under Sections 147, 148, 302 read with 149 IPC was registered at Amaravathi police station at 5-30 a.m. on 23-1-1993 and investigation was taken up. Inquest was held over the dead body of the deceased between 10 a.m. to 1 p.m. at the hospital, Guntur on 22-1-1993 and thereafter the dead body was sent for post mortem examination. PW13 Dr. G.B. Raj Kumar conducted post-mortem over the dead body of the deceased and found one spindle shaped slab wound over the front of the left side of chest below inner to the artela of left nipple, entered into thoracic cavity through the space between 4th and 5th ribs. Besides this, the deceased received contusion on the right shoulder and upper end of right scapula, abrasion over front of lower part of right knee and abrasion over front of lower part of left knee. According to the Medical Officer PW13, the death of the deceased was due to above said injuries which resulted in shock and hacmmorhage. During the investigation, the Iractor and the trailer which are said to have been used during the offence were seized from the house of one Venkat Ramaiah of Didugu village who was the owner of the tractor. Subsequently, A4 to A13 were arrested, Al to A3 surrendered before the Court and were granted anticipatory bail. After completion of investigation, charge sheet was filed. Thus on behalf of the prosecution Pws 1 to 23 have been examined, Exs:P1 to P10 and MO 1 to 12 have been marked. The plea of the accused was that of total denial. No defence evidence has been adduced on behalf of the accused. However, Exs:D1 to D3 have been marked in the statements of witnesses. Ex:D4 is the entry in the General Diary of Amaravathi police station, Ex:D5 is a notebook.