MADAPURAM MADDULETI NAIDU Vs. STATE

JUDGEMENT

(1.) THE petitioners/a. 1, A. 4 to A. 16 filed this Criminal Petition under sections 437 and 439 Cr. P. C. seeking bail in P. R. C. No. 24 of 2008 on the file of the Judicial First Class Magistrate, Pathikonda, Kurnool District. The petitioners are accused Nos. 1, 4 to 16 in Crime No. 37 of 2008 of Devanakonda police Station, in which a charge sheet has been filed against the petitioners and the other accused for the offences punishable Under Sections 147, 148, 324, 326, 307, 302 r/w 149 of Indian Penal Code, Sections 3, 4 and 6 of Explosive substances Act and Sections 25 (1b) (b) and 27 of the Arms Act.

(2.) THERE are factions in Kapatralla village of Devanakonda Mandal, Kurnool district. There was long standing enmity between the accused party and the family of the first deceased (hereinafter referred to as 'd. 1' ). D. 1 contested for the election of Sarpanch for Kapatralla village against the father of A. 1, in which election father of A. 1 was defeated by D. 1. However, because of the influence and domination of the family of D. 1, A. 1 and A. 2 left the village. D. 1 also filed some cases against the father of A. 1 in the Court of Judicial magistrate of First Class, Pathikonda. Ultimately, the father of A. 1 was brutally murdered by hurling bombs by the group of D. 1. It is alleged that A. 1, a. 4 and others have meticulously planned to murder the deceased and they were waiting for an opportunity. They secured bombs and hunting sickles, and kept them underneath the Hundry river old bridge.

(3.) ON 17-5-2008, A. 1 noticed the vehicle AP-21-M-8434 by D. 1 coming from Kapatralla village in opposite direction and he informed A. 4 over phone. A. 4 drove the lorry with high speed and hit the trax near Kotha Bodupadu bus stop on 17. 5. 2008 at about 09. 20 hrs. A. 1 along with other accused reached the spot in Sumo and mini lorry and attacked D. 1 and his followers. A. 1 hurled bomb on the trax vehicle of D. 1 later he hacked D. 1 with hunting sickle on his forehead. A4 hacked D. 1 with hunting sickle on his face. A. 3 hacked D. 1 with hunting sickle on his left hand. A. 22 also hacked the D. 1 with hunting sickle. A. 23 hacked D. 2 with hunting sickle. Remaining accused also participated in the commission of offence by hurling country made bombs and armed with hunting sickles and caused the death of D. 1 to D. 5 and D. 7 to D. 10 instantaneously. D. 6, D. 11 and LW. 30 sustained severe bleeding injuries. The de facto complainant and other witnesses lw. 24 to LW. 29, LW. 34 to LW. 39 who are proceeding behind the vehicle of D. 1, witnessed the ghastly incident and afraid of the same on seeing the death of above persons escaped from the vision of the accused. After completion of their plan successfully the accused left the place in TATA Sumo and Mini lorry towards kunnur village.