KOLLAM BRAHMANANDA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Aggrieved by the judgment and order passed by the learned II Additional Sessions Judge, Cuddapah in Sessions Case No.5 of 1994 dated 27-2-1998, accused No.2 has filed Criminal Appeal No.408 of 1998 and accused Nos.3 to 7 have filed Criminal Appeal No.409 of 1998. The learned Sessions Judge by his above judgment and order convicted A2 to 6 for the offence punishable under Section 148 of IPC and sentenced them each to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.100.00, in default simple imprisonment for three months. Again he convicted A2 to A6 for the offence punishable under Section 302 of IPC sentenced each of them to undergo imprisonment for life and each of them to pay fine of Rs.100.00, in default, to suffer simple imprisonment for a period of three months. Ordering both sentences to run concurrently. Learned Sessions Judge convicted A7 for the offence punishable under Section 148 IPC and sentenced him to undergo rigorous imprisonment for a period of one year and to pay fine of Rs. 100.00and in default, to suffer simple imprisonment for a period of three months. Again he convicted him for the offence punishable under Section 302 IPC read with Section 149 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.100.00 in default to suffer simple imprisonment for a period of three months. A7 also convicted for the offence punishable under Section 235 (2) Cr.PC and under Sections 25(1)(b)(a) and 27 of Indian Anns Act and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.100.00, in default, simple imprisonment for a period of three months. Ordering all the sentences to run concurrently. Before the learned Sessions Judge's Court altogether all accused were charge-sheeted for several offences. Al died during the trial and A8 to A10 were acquitted for offences under Section 147 and 302 read with Section 149 IPC. A11 was not committed as no sanction of prosecution was granted. All the accused were acquitted for the offence under Section 120-B of IPC. The Court below also ordered that no separate sentence for offence under Section 147 IPC against A2 to A7 be imposed as they are convicted for the offence under Section 148 IPC. Since these two appeals arise out of same order, they are clubbed and disposed of by a single order.

(2.) A few facts which are necessary to dispose of these two appeals are as follows : The case of the prosecution is that , A1-Moore Chengal Reddy, A2- Kollam Brahmananda Reddy, A3-Kallam Gangireddy, A4-Mudda Venkata Reddy @ Babu, A5-Moore Srinivasalu Reddy, A6-Sheemu Narasimha Reddy @ Duvutum, A7-Jogi Ramachandra Reddy, A8-Lakkireddi Venkata Reddy, A9-Yerra Subrahmanyam Reddy and Mani and A10-Orsu Chinna Kumar all are residents of the neighbouring villages. A1 and A5 are brothers, A2 and A3 are brothers, A4 is brother-in-law of A2, A6 to A9 are related to A2. A10 is the driver of A2. It is slated that accused No.2 Kollam Brahmananda Reddy, ex-president of Pullampet Mandal Praja Parishad. The other accused are his followers. Ambati Murali Mohan Reddi - deceased was Managing Director of M/s. Triveni Steels Pvt. Ltd., situated at Venkata Rajampet on Rajampet-Pullampet road. He was a resident of Vathalur village. Ambati Seshareddi - LW1 was father of the deceased, who died before the commencement of the trial. Smt. Ambati Aruna-PW3 is the wife of the deceased. PW2-Subbarayudu, is a civil contractor and a friend of the deceased. PW1-Joggari Venkataiah, a Supervisor in M/s. Triveni Steels Private Limited of which the deceased was the Managing Director. The deceased was a wealthy person doing business, having good number of properties, had built up reputation with the villagers. He was owning a good following both in and around Vathalur village and Pullampet village. His followers wanted him to be a prospective contestant for the post of President, Mandal Praja Parishad, Pullampet. His growing popularity became an eyesore to A2. There were differences between the deceased and A2 in respect of civil contract work of Vathalur tank as both of them wanted the said work to be entrusted to their own followers. The said work was given to S.V.S. Naidu, a follower of the deceased. The same was denied to one M. Pandurangareddi of Chitvel who is the supporter of A2. The same made A2 in the company of A1 and A3 to A10 to hatch a plan to do away with the life of the deceased. A2 sent A1 to the factory of the deceased a day prior to 7-6-1992 on the pretext that there shall be a compromise between them. In pursuance of that plan, on 7-6-1992 at about 7.30 a.m., Al to A7 took up position on the road side near Bugga Vanka. A1 to A6 armed themselves with daggers and A7 with a gun and were waiting for the deceased to come in that way. A8 to A10 stood with the new jeep of A2 at the Siddaiah Lemon Garden on Pullampet -Rajampet road which was about 100 yards away from Bugga Vanka. At the same time, the deceased along with his father, Seshareddi (LW1) and PWs. 1 and 2 came in Ambassador car bearing No. ADY 6060 driven by himself from Vathalur to go to Triveni Steels Private Limited. Accused Nos.2 to 7 hid behind the thorny bushes adjacent to Bugga Vanka. Al was standing on the road margin. After seeing the car of the deceased coming, he stopped the car and asked the deceased to come out of the car on the pretext that he would like to discuss some confidential matter with him, When the deceased got down from the car, Al took him aside the road upto a distance of three of four yards. All of a sudden, A2 to A7 surrounded him, A1 to A6 inflicted stab injuries on his back, front of the chest, A2 stabbed him on the front of the chest, A3 to A6 stabbed him indiscriminately. The deceased received multiple injuries to the spine and lungs and died on the spot. The inmates of the car LWs.1 and PWs. 1 and 2 saw this and tried to intervene, then A7 by firing his gun into the air scared them away. Thereafter, Al to A7 ran away and joined A8 to A10 and fled from the scene of offence.

(3.) Seshareddi, father of the deceased, Rayi Subbarayudu-PW2 rushed to Mannur Police Station where LW1 -Seshareddi presented a written report to the police about the occurrence of the offence. PW15- Md. Shareef, Sub-Inspector of Police, Mannur Police Station registered the case and investigated into it. PW16-B.V.R Prasad, Inspector of Police, PW17-K. Venkateswara Rao, D.S.P., who conducted further investigation, arrested the accused, seized the weapons used by them for the commission of offences under a cover of mediator reports in the presence of the mediators and the accused were sent for remand.