MADUGULA NAGESWARA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Accused No.1 to A26 in SC No.303 of 1993 on the file of IV Addl. Sessions Judge at Guntur are the appellants herein. The accused were tried for five different charges. The first charge against accused Nos.1 to 26 was under Section 148 IPC and the learned Sessions Judge found them guilty of the said charge and the accused were sentenced to undergo rigorous imprisonment for one year. The second charge against accused 2, 3 and 6 was under Section 302 IPC and the learned Judge found accused 2 and 3 guilty of the said charge and therefore both A2 and 3 were convicted to undergo imprisonment for life and to pay a fine of Rs.1,000.00 in default, to suffer simple imprisonment for three months. The third charge against accused Nos.1, 4, 5, 7 to 26 was under Section 302, read with Section 149 IPC and the learned Judge found accused 1, 4 to 26 guilty of the said charge and therefor convicted them to undergo imprisonment for life and to pay a fine of Rs.1,000.00 in default, to suffer simple imprisonment for three months. It is brought to our notice that even though no charge was framed against A6 of the offence under Section 302 read with Section 149 IPC but still the learned Judge proceeded to convict A6. The fourth charge against A8, 11 and 26 was under Section 324 IPC for causing hurt to PWs. l, 3 and 7 and the learned Judge found them guilty of the said charge and therefor convicted them to undergo rigorous imprisonment for one year. The fifth charge against Al to A7, 9, 10, 12 to 25 was under Section 324 read with Section 149 IPC and the learned Judge found them guilty of the said charge and therefore convicted them to undergo rigorous imprisonment for one year. The sentences were directed to run concurrently.

(2.) The prosecution case is that on 19-9-1992 at about 6.00 p.m. in front of the house of Veeramasu Yesu (deceased) the accused armed with axes, spears, knives and sticks caused injuries to one Veeramasu Yesu as a result of which he died in the Guntur General Hospital at 8.55 p.m. on 20-9-1992. All the accused and material witnesses are residents of Panidaram, Harijanawada. PW2 is the wife of the deceased. PW3 is the wife of PW6. All the accused are inter-related and belong to one family. The deceased was having 10 acres of land and has got eight children and two brothers. One of the brothers is working as a Police Constable at Macherla. It is alleged that about 20 days prior to the date of incident the pig of the accused entered into the field of the deceased and grazed the crop. Thereby the deceased chastised the accused. Since then the accused bore grudge against him. At about the same time the son of the deceased went to the well to fetch the water. While he was drawing water, A3 came there saying that he has to pull the water first for which the son of the deceased refused. Then A3 slapped him, the same was reported to the deceased. The deceased went to the house of A3 and asked him about the incident. The accused said to have revolted saying that one single family of the deceased was dare enough to come to his house and question him. The deceased went to Tadikonda P.S. and lodged a report. However, the matter was compromised in the presence of PW16 the Head Constable.

(3.) It is further the case of the prosecution that on the date of incident i.e., on 19-9-1992 at about 6.30 p.m. the deceased was sitting on a cot under a pendal in front of his house, PW2 was inside the house and PW1 was standing in front of his house which is situated four yards away then all the accused alleged to have come towards the house of PW1 and pelted stones at his house. The deceased questioned them about their pelting stones. At that time, all the accused armed with axes, sticks and spears came there and A2 is alleged to have hacked on the head of the deceased with an axe and A3 and A7 are alleged to have speared on the stomach of the deceased with a spear. A6 is alleged to have stabbed with a knife on the stomach of the deceased. The other accused are said to have beat the deceased indiscriminately with sticks. Further according to the case of the prosecution PW2 came out of the house as the stones were being pelted at her house and saw the incident. According to PW3, accused No.8 is also said to have beat PW2 with a stick on right side of the body. When PWs.1, 3 and 7 obstructed, they were also beaten. PW1 and PW6 brought the injured persons to the Government General Hospital, Guntur. PW7 who also stated to have sustained an injury went to Government Hospital. PW12 the Civil Assistant Surgeon, Government General Hospital, Guntur examined the deceased on 19-9-1992 at 11.35 p.m. and issued Ex.Pl 1 the wound certificate.