ERIGIPALLY PRASAD Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The appellants are questioning their conviction under Ss. 302 and 307 r/w 34 of IPC and being sentenced to undergo imprisonment for life, vide judgment in S.C.No.186 of 2012 dtd. 15/6/2017 passed by the XII Additional District and Sessions Judge, Vikarabad, Ranga Reddy District.

(2.) Briefly, the case of the prosecution is that the complainant/PW1 and the deceased were brothers residing in GateVanampally village. A1, A2, A5 to A7 were also residents of the same village, while A3 and A4 are the relatives of A1. The accused 3 and 4 hail from Ekmamidi and Chittigidda villages, respectively. On 7/2/2011, A3 and A4 joined the other appellants for a ceremony marking the fifth day of A1's grandmother's death. During this event, A1's family laid a water pipe to supply water from a nearby well. P.W.1 objected to the pipe passing in front of his house and confronted A1's coparcener, Srinivas (not examined). The matter was later pacified by village elders. Upon learning about the altercation between Srinivas and PW1, A1 went to PW1's house on the night of 8/2/2011 to question him. This led to a heated argument between A1, PW1, and the deceased, which was resolved by the neighbours' intervention. A1 subsequently informed A2 to A7 about the incident, and they allegedly conspired to kill PW1 and the deceased. On 8/2/2011, around 10:30 PM, Srinivas visited PW7's house for a function. PW1 and Srinivas quarreled over the previous day's issue, leading to a minor scuffle during which Srinivas fell and sustained injuries. He was immediately taken to the hospital. Following this, A1 to A7, allegedly acting on their plan, armed themselves with sticks and stones and went to PW1's house at about 11:00 PM. A1, A2, and A3 to A5 allegedly attacked PW1 and the deceased with stones, while A4, A6, and A7 allegedly attacked them with sticks.

(3.) PWs 5 and 6, relatives of the deceased, witnessed the incident and attempted to rescue PW1 and the deceased from the attackers. After the incident, complaint was filed. Upon receiving the complaint from the complainant/PW1, PW14, Sub-Inspector of Police, PS Nawabpet, registered a case in Cr. No. 18/2011 under Ss. 302, 307, r/w 34 IPC and initiated the investigation. PW14 examined PW1, recorded his statement, visited Gate-Vanampally village. On 10/2/2011, upon receiving the express FIR, PW16, the Investigating Officer, visited the scene and recorded PW1's statement. In the presence of mediators, PWs 8 and 9, PW16 conducted the panchanama of scene of offence and under scenecum-seizure panchanama seized, 1. Blood-stained clothes of the deceased found on a pail near the scene, and 2. Two blood-stained Shabad stone pieces. PW16 proceeded to Osmania General Hospital (OGH), collected the death summary, and visited the mortuary. PW16 conducted an inquest over the deceased's body in the presence of mediators, PWs 10 and 11, and examined PWs 1 to 4 and LW2 and recorded their statements. The deceased's body was subjected to postmortem examination by PW17, the medical officer, who opined in the PME report that the cause of death was due to a "head injury." PW16 revisited the scene of the offence and recorded the statements of PWs 5 to 7. On 14/2/2011, A1 to A7 were arrested. In the presence of mediators, PWs 12 and 13, their confessional statements were recorded. A1 to A7 led the police and mediators to A2's house, where the following were seized: