- (1.) Criminal Appeal No. 731 of 19 70 preferred by A-2, A-3, A-4, A-5, A-6 and A-8 s directed against the judgment of the Additional Sessions Judge, Srikakulam in Sessions Case No. 44 of 1970 convicting them under sections 147 and 323, Indian Penal Code, and sentencing each of them to six months' rigorous imprisonment under each Count and further convicting A-2 under section 448 India Penal Code and sentencing him to six months' rigrorous imprisonment. The sentences awarded to the accused were directed to run concurrently. The Criminal Revision Case No. 304 of 1971 is preferred by P.W. 1 assailing the judgment of the Court below in, acquitting A-1 and A-7 and in dismissing the petition filed on behalf of the prosecution to summon certain records front the hospital for the purpose of cross examining D.W. 1.
(2.) The relevant facts of the case are these : The case against the appellants and A-1, A-7 and another was that they formed themselves into an unlawful assembly with the common object of causing the death of Tankala Ramanayya, P.W. 1, and, in furtherance thereof, committed rioting and caused hurt to P.W. 1 and, in the course of the same transaction committed criminal trespass by entering into the house of P.W. 1, A-2, A-3, A-4, A-5, A-6. A-7. A-8 and another (absconding) were further charged with having attempted to commit the murder of P.W. 1.
(3.) The occurrence took place under the following circumstances: P.W. 1 is one of the partners of a lorry service. A few months prior to the occurence, A-5, A-7 and one of the brothers of A-1 opened a rival lorry supply office and employed A-2 in. their office. The rivalry in the lorry transport business is said to have led to the incident on 10th January 1969. The 1st accused is stated to have instigated the other accused to beat P.W. 1 to death. At the instance of A-1, A-2 and' the a bsconding accused went into the lorrysevice office of P.W. 1, dragged him out and fisted him on his back and neck. The 3rd accused hit him with a stick followed by A-2 and A-4, who beat him with sticks on. his legs and other parts of the body. When. P.W. 1 tried to escape A-1 pushed him into the crowd ard A-5 held his arm and fisted him on his back. A-7 slapped him and A-2 pushed him down by neck. With that, P.W. 1 fell down. After he fell down, A-2 to A-9 beat P.W. 1 indiscriminately till he became unconscious. The accused went away being under the impression that P.W. 1 was dead. P.W. 1 was then removed by his brother to the local hospital. The Medical Officer found on P.W. 1 eighteen injuries out of which seventeen were contusions and one abrasion. P. W. 15 the Sub-Inspector who registered the crime, laid the charge-sheet in the Court of the Judicial First-Class Magistrate, who committed the accused to be tried by the Court of Session.;