GAINI SUMAN Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The appellants/A1 to A3 and A5 to A8 were convicted and sentenced to undergo rigorous imprisonment for life for the offence under Sec. 302 r/w 149 IPC, further sentenced to undergo rigorous imprisonment for a period of five years under Sec. 449 IPC and also sentenced to undergo three years rigorous imprisonment under Sec. 148 of IPC vide judgment in S.C.No.200 of 2013 dtd. 15/9/2016 passed by the I Additional Sessions Judge, Adilabad. Aggrieved by the same, present Appeal is filed.

(2.) Heard Sri T.Niranjan Reddy, learned Senior Counsel for Sri M.Ramohan Reddy, learned counsel for the appellants/A1, A2, A5 and A6 and Sri R.Sushanth Reddy, learned counsel for the appellant/A3, A7 and A8 and Sri Arun Kumar Dodla, learned Additional Public Prosecutor for the State.

(3.) Briefly, the case of the prosecution is that A1 to A14 and deceased Gaini Chinna Muthanna and his son Gaini Subash (hereinafter referred to as 'D1' and 'D2') are close relatives residing in the same Godisera village. There was a dispute between A1 to A14 and D1's family regarding a land in Wadthala village Shivar and the use of a joint bore electric motor pump set at Godisera village shivar. D1 used to quarrel over petty issues and land disputes, dominating the appellants, which led to their grudge against him. On 26/9/2012, at around 6:00 pm, A11 watered her land using the bore valve and returned home. On 27/9/2012, at 11:00 a.m, D1 turned the valve towards his fields. A11, upon seeing this, turned it back to her fields and confronted D1, who allegedly abused and beat her. A1 and A2 intervened and rescued A11, but D1 picked up a quarrel with them. On the same day, D1 allegedly quarrelled with and beat A12 (Soundarya). A4 tried to rescue her but was also allegedly beaten by D1.On the same day in the night, A1 to A14 formed into an unlawful assembly, armed with axes and sticks,went to D1's house, allegedly dragged him outside, and when D1 tried to escape, they caught him, made him fall on ground. A1 and A3 hacked him with axes,while A2 and A4 to A10 beat him with sticks, causing his death. D2, fearing for his life, attempted to flee with the complainant (mother of D2 and wife of D1, who died during investigation) and PW1 (sister of D2) on a motorcycle. However, A3 allegedly pushed him off the vehicle and hacked him with an axe, while A4 to A10 attacked him with sticks, beating him severely, leading to his death on the spot. During the incident, LW1, PW1, PW2, and PW4, who intervened to rescue D1 and D2, were allegedly beaten by A11 to A14 with hands and kicked with legs.