GERA PULLAIAH Vs. STATE INSPECTOR OF POLICE NARASARAOPET

JUDGEMENT

(1.) This appeal arises out of judgment of the I Addl. Sessions Judge, dated 17-2-1994 rendered in SC No.99 of 1992 under which the present appellants/ A1, A2, A3, A5 & A7 have been found guilty and convicted for the offence under Sections 148 and 304 Part-II of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year for the offence under Section 148 IPC and five years for the offence under Section 304 Part-II of IPC.

(2.) The facts relating to this appeal may be stated briefly as follows; The appellants/accused and PWs.1, 3, 11, 12 and others are residents of Mulakalur village, within the limits of Police Station, Narasaraopet. PWs.2 and 4 are residents of Narasaraopet town. PW2 is said to be a friend of the deceased Powlesu. PW3 is the father of the deceased Powlesu. There are said to be two factions at Mulakalur village - one lead by A2 of which the other accused are the Members and the other lead by the deceased Powlesu. On 28-5-1991 at about 10.00 a.m. the deceased Powlesu went to Narasaraopet along with PW1 Bangaru Babu Rao on a cycle to see his brother-in-law's daughter who was admitted in a hospital. After doing that the deceased, PWs.1 and 2 started back on cycle at 5.00 p.m. for going to Mulakalur. The deceased was pedalling the cycle. After they passed Issapalem and reached a place called "Sapta" (a bridge like structure) at about 5.30 p.m. the accused who were hiding in the bushes nearby, all of a sudden surrounded the deceased Powlesu from all sides and attacked him with deadly weapons like axes, spears and stout sticks. The deceased got frightened and started running towards eastern side fields along with PWs.l and 2. The accused chased him and surrounded him from all sides. A1 abused the deceased and hacked him with battle axe on his right head causing a bleeding injury, A3 hacked the deceased with an axe on left hand A2 hacked the deceased with an axe on left thigh, A5 hacked the deceased with an axe on right thigh. A7 beat the deceased with a stick on head, on account of which the deceased fell down. PWs.1 and 2 who had run away from the place returned back after the accused left and saw the deceased lying with injuries. They bought him to the road and from there PW2 took Powlesu in an auto-rickshaw of PW4 to the Government Hospital, Narasaraopet and admitted him there. PW1 went to their village and informed the relatives of the deceased about the incident. PW3 and 11 others then went to the Government Hospital, Narasaraopet and found him there with injuries. On intimation from PW5, the Doctor at the Hospital, PW7, the Head Constable of Police Station went to the hospital and recorded the statement of the deceased Powlesu at about 7.30 p.m. in Ex.P3 and registered a case in Crime No.71 of 1991. As the condition of the injured, Powlesu, worsened he was referred to the Government Hospital, Guntur for expert treatment. By the time he was taken to the General Hospital, Guntur it was 2.00 a.m. and soon thereafter at about 2.15 a.m. on 29-3-1991 the deceased Powlesu died.

(3.) Thus, it is alleged that in pursuance of conspiracy hatched earlier A1 to A13 attacked the deceased and killed him and thus committed an offence under Section 120B, 148 and 302 read with Section 149 of the Indian Penal Code.