CHINTHALA NARSAIAH Vs. STATE OF A P

JUDGEMENT

(1.) Aggrieved by the Judgment dated 30.08.2012, passed by the learned VI Additional Sessions Judge (III FTC), Warangal, at Mahabubabad, the appellants have approached this Court. By the said Judgment, the appellants were convicted for offences under Sections 148, 302, 307, 364 and 348 IPC. For offence under Section 148 IPC, they have been sentenced to one year of rigorous imprisonment, fined with Rs.100/-, and further directed to undergo one month of simple imprisonment, in default thereof. For offence under Section 302 IPC, they have been sentenced to life imprisonment, fined with Rs.100/-, and further directed to undergo one month of simple imprisonment, in default thereof. For offence under Section 307 IPC, they have been sentenced to five years of rigorous imprisonment, fined with Rs.100/-, and further directed to undergo one month of simple imprisonment, in default thereof. For offence under Section 364 IPC, they have been sentenced to three years of rigorous imprisonment, directed to pay Rs.100/- as fine, and to undergo further period of one month of simple imprisonment, in default thereof. For offence under Section 348 IPC, they have been sentenced to one year of rigorous imprisonment, directed to pay Rs.100/- as fine, and to undergo further period of one month of simple imprisonment, in default thereof. All the sentences were directed to run concurrently.

(2.) Briefly, the prosecution case is that ten days prior to 30.04.2003, one Chinthala Janardhan, a resident of Seerole Village, died due to ill-health. On 29.04.2003, after observing the tenth day ceremony, Chinthala Janardhan's relative, namely Chinthala Sathyam, who was suffering from fever, went to Mahabubabad to consult a doctor. But while purchasing medicines in Mahabubabad, he suffered a heart attack. He died. Thus, the family of Chinthala Janardhan lost two persons within the short span of ten days. Therefore, Chinthala Janardhan's family members, and other villagers, suspected that both the deaths might be due to sorcery. Consequently, Chinthala Sathyam's body was brought back from Mahabubabad, and kept in front of his house. The villagers decided to discover the person, who was responsible for such sorcery. They suspected that Madipeddi Ramulu might have practised sorcery, and caused the twin deaths in Chinthala Janardhan's family. Therefore, on 30.04.2003, at around 11:00 p.m., the family members of Chinthala Sathyam, namely, Chinthala Narsaiah (A-1), Chinthala Venkanna (A-2), Chinthala Ayodhya (A-3), Chinthala Ramanna (A-4), Chinthala Saidulu (A-5), Chinthala Bhadraiah (A-6), Chinthala Venkatadri (A-7), Chinthala Narsaiah (A-9), and Chinthala Somanna (A-11), all residents of Mogilicherla; Mamindla Lakshmi (A-15), and Chinthala Parsaiah (A-13) brought Madipeddi Ramulu from a mango grove, and tied him to an electric pole. Throughout the night, they tortured him, and forced him to confess about others, who may be involved in the sorcery. Therefore, Madipeddi Ramulu informed these accused persons that Kummarikuntla Muthaiah, and Yerrabati Gopaiah, are also responsible for the sorcery. Thus, A-1, A-2, A-3, A-5, A-6, A-7 and A-9, went to the place where Kummarikuntla Muthaiah, and Yerrabati Gopaiah were working, and abducted them from the place of their work. Around 7:00 a.m., both these persons, Kummarikuntla Muthaiah, and Yerrabati Gopaiah, were also brought to the same place where Madipeddi Ramulu was tied to the electric pole. These two persons were also assaulted, and tortured, by the accused persons. (The three persons who were tied and tortured shall be referred to as "the victims", for short) The accused persons insisted that the victims should put "tilakam" (the red spot which is placed on the forehead) on the dead body, and revive the dead man. The prosecution further claims that around 9:00 a.m., D. Balaji (P.W. 3), D. Srinivas (P.W. 4), and K. Raj Kumar (P.W. 8), three police constables, rushed to the place where the three victims were tied, assaulted, and tortured. These three witnesses tried to rescue the victims. However, the unruly mob not only stopped the police, but also assaulted the three constables, and continued to torture the victims. Around 10:15 a.m., the Circle Inspector of Police, Mahabubabad rushed to the spot, and disbursed the mob. The victims were immediately shifted to the Area Hospital, at Mahabubabad for treatment. But Yerrabati Gopaiah succumbed to his injuries while undergoing his treatment.

(3.) On 30.04.2003, at 11:15 a.m., Kummarikuntla Srinivas (P.W. 1) submitted a report (Ex. P. 1) before the Assistant Sub-Inspector of Police at Police Station, Seerole. The police registered a formal F.I.R., namely Crime No.56 of 2003, for offences under Sections 147, 148, 120-B, 348, 364, 307, 353 IPC read with Section 149 IPC. Subsequently, with the death of Yerrabati Gopaiah, the offence under Section 302 IPC was added. After a thorough investigation, the police arrested, and put up for trial, thirty-nine persons. The accused persons were charge-sheeted for offences under Sections 148, 120-B, 302, 307, 364, 348 and 353 IPC.