BAINAPALI ENKMA AND 2 ORS. Vs. THE STATE

JUDGEMENT

(1.) OUT of 13 accused persons facing trial for the murder of the deceased Boinapelli Appana and assault on P.W. 6 T. Rajana under various sections of the Indian Penal Code, the three Appellants only have been convicted by the Additional Sessions Judge, Ganjam -Boudh, Berhampur on 22.6.1973. Appellant No. 1., has been convicted under Section 304, Part II, Indian Penal Code and sentenced to undergo rigorous imprisonment for five years; Appellant No. 2 Bainapali Tataya alias Tataclu has been convicted under Section 323, Indian Penal Code and sentenced to undergo rigorous imprisonment for six months; and Appellant No. 3 Tamada Gurumurty has been convicted under Section 324, Indian Penal Code and sentenced to rigorous imprisonment for one year.

(2.) THE prosecution case was that on 20.6.1972 at about 8 p. m. the deceased while returning from a betel shop after purchase of certain Beedis was passing in front of the house of accused No. 6, while the three Appellants along with other accused persons (already acquitted) fell upon him and assaulted him. It is alleged that Appellant No. 1 gave a lathi blow on his head in consequence of which he fell down and thereafter other accused persons gave him fist blows and kicks. At this, P.W. 1 is said to have informed P.W. 6 who is the son -in -law of the deceased. Accordingly P.W. 6 came to the rescue of the deceased. But he was also assaulted by Appellant Nos. 2 and 3. Appellant No. 3 gave a lathi blow on his fore -head while Appellant No. 2 dragged him by catching hold of his lock of hair.

(3.) THERE are 8 witnesses for the prosecution and none for the defence. The eye -witnesses to the occurrence are PWs. 1, 4 and the injured P.W. 6. P.w. 2 is the doctor who examined the deceased initially for his injuries and the injuries on P.W. 6. P.w. 3 is the doctor who held the post -mortem examination. P.w. 6, as already indicated is the son -in -law of the deceased who came to the rescue of the deceased after the deceased had been assaulted on his head by Appellant No. 1. P. ws. 7 and 8 are the two Investigating Officers. P.w. 7 had made a Station Diary entry (Ext. 8) which was on the basis of the statement made by the deceased regarding the injury on him and on P.W. 6.