BANTU GURAVAIAH Vs. STATE OF A P

JUDGEMENT

(1.) The appellants-accused have been convicted under Section 304 Part-II IPC and sentenced to seven years rigorous imprisonment in SC No.53 of 1992. Two different appeals have been filed, one is filed by A1 and A2 another is filed by A3, A4 died. Since in both the appeals since judgment has been challenged therefore the matters were heard together and are being decided by this common judgment.

(2.) The facts as narrated by the prosecution leading to the filing of the charge-sheet against the accused are that, the deceased Venkataiah and accused persons are residents of Gopavaram village. There was a tappers co-operative society in that village, one Aviti Yellaiah was its President. Toddy trees had been allotted to the members of the society. Guwala Anjaiah was allotted four toddy trees and he began tapping toddy from the trees. Thereafter, he had quarrel with his wife and he eventually deserted his wife and left the village leaving the toddy trees to the care of his brother Gowala Raghavulu for tapping toddy. Since Guwala Anjaiah had left the village the society re- auctioned the trees and allotted them to Bantu Venkaiah, Rachamatta Venkaiah and Mange Bixam for tapping. Guwala Anjaiah on coming to know that the trees allotted to him had been allotted to some others came and created obstructions in tapping of the trees by the re-allottees. The dispute resulted in holding of a panchayat on 11-2-1991 at 9.00 p.m. The Society President called for a caste panchayat in Gopavaram village. Accused 1 to 4 insisted that parties should deposit an amount of Rs.200/- which was objected to by Rasmalla Narasimhulu and he did not deposit the amount and boycotted the panchayat. A4 followed Narasimhulu, pulled his banian and stopped him for participating in the panchayat. A1 was armed with an axe, A2 and A3 were armed with sticks and they came to support A4. As the explosive situation had arisen the deceased intervened. Thereupon the accused attacked the deceased with deadly weapons with a common intention to kill him. A1 beat him on his head with the axe and inflicted fatal bleeding injury while A4 beat him on his chest with a stone. Wife of the deceased intervened, A4 hurled stones on her causing injuries on the left thigh and back. A2 beat the deceased with the stick. After receiving the injuries the deceased fell down. A3 also beat Rasamalla Kistaiah, Rasamalla Nagulu and Guwala Raghavulu with stick causing injuries. Guwala Raghavulu secured sticks and beat A4 causing bleeding injuries. Rasamalla Narasimhulu and others shifted the deceased to his house. Rasamalla Eeswaramma noticed that her husband had died due to injuries received at the hands of the accused.

(3.) On these facts charge-sheet was filed and Accused 1 to 4 were charged for the offence under Section 302 IPC, they were also charged under Section 324 read with Section 34 IPC. The accused denied the charge, therefore they were tried. Prosecution examined 17 witnesses and also exhibited 20 exhibits, MOs. to 3 were also marked. Ex.D1 to D4 were marked on behalf of the accused persons. PW1 is the son of the deceased. PWs.l and 2 are supposed to be eye-witnesses. PWs.4 to 8 turned hostile.