R SESHASAYANA REDDY, J. - (1.) These two Criminal Appeals are directed against the judgment dated 21.1.2002 passed in S.C. No.53 of 2000 on the file of IV Additional Sessions Judge, Kurnool, by which the learned Additional Sessions Judge convicted A-1-Ediga Jagannadha Gowd, A-3-Ediga Venkateswara Gowd, A-4-Ediga Sivasankara Gowd, A-5-Ediga Anjaneya Gowd and A.-6-Ediga Nageswara Gowd for the offences punishable under Sections 302 read with 149 of. Indian Penal Code and sentenced each of them to suffer imprisonment for life and further convicted Al for the offence under Section-324 of Indian Penal Code and sentenced him to suffer rigorous imprisonment for a period of one year. However, the learned Additional Sessions Judge found A-2-Ediga Saibaba Gowd, A-7-Ediga Narasimha Gowd, A-8-Ediga Maddileti Gowd, A-9-Vadde Madduleti, A-10-Vadde Thimmanna @ Tihmmulu, A-11-Vadde Venkateswarlu, A-12-Shalanna @ Vadde Shalanna, A-13-Vadee Ramudu, A-14-Madiga Sekhar, A-15 -Madiga Karunakar, A-16-Madiga Yerramala, A-17- Madiga Jetti Mallaiah, A-18-Pedda Shamulu @ Shafa and A-19-Fadde Maddileti @ Chevulodu not guilty for any of the offences with Which they stood charged and acquitted them accordingly. Criminal Appeal No.282 of 2002 is filed by A-l, A-3 to A-6 assailing the judgment of conviction whereas Criminal Appeal No. 1023 of 2003 is filed by the State assailing the acquittal of A-2, A-7 to A-l 9.
(2.) The accused persons (19) were put on trial before the IV Additional Sessions Judge, Kumool for the offences punishable under Sections 148, 302, 302 read with 149, 324, 324 read with 149 of Indian Penal Code. The gravamen of the charge against the accused is that on 6.9.1994 at about 4.30p.m. at Chowtukuru Village, all the accused formed themselves into an unlawful assembly armed with knives and daggers with the common object of murdering Baleswara Reddy, and in furtherance of their common object, they caused the death of the said Baleeswara Reddy and also caused injuries to P.W-2-M.Koteswara Reddy.
(3.) he case of the prosecution is briefly as follows: Madireddy Baleeswara Reddy, Ediga Janardhana Reddy, Madireddy Venugopala Reddy, Madireddy Gangadhara Reddy and Madireddy Purushothama Reddy are brothers. P.W-1-Nagavendramma is brother's wife, P.W-2- M.Koteswara Reddy is son and P.W-3-Madireddi Vengala Reddy is nephew of Baleeswara Reddy. In 1997 Janardhana Reddy was murdered, for which A-l, A-2, A-5, A-7, A-9, A-10 to A-12 were challaned. Baleeswara Reddy and his brothers were supporters of Congress Party whereas the accused were supporters of Telugu Desam Party. Because of political rivalry there was bitter enemity between Baleeswara Reddy (hereinafter referred to as the deceased) and the accused party. A day prior to the incident i.e., on 5.9.1999, the State Assembly Polls took place. The deceased and his brothers canvassed and cast their votes to the Congress Party in Assembly Elections. On 6.9.1999 at about 4.30 p.m., P.Ws.l to 3 and one Mohan Reddy were canvassing on the pials in the verandah of P.W-l's house. While so, A-l to A-19 armed with knives and daggers came there and A-l challenged the deceased about his active participation in the Congress Party and getting votes polled for the said party against the wish of his party and also challenged him as to who could save if they kill him. So saying he along with A3 climbed the pial and attacked the deceased. A-l allegedly hacked the deceased with a knife thrice on his neck causing bleeding injuries and A-3 hacked the deceased on his forehead causing a bleeding injury. It is also alleged that A-4 to A-6 dragged the deceased from the pial to a distance of about 10 feet where A-4 stabbed him with a dagger on right side abdomen and A-5 stabbed him with a dagger on left side abdomen and A-6 stabbed him with a dagger on his back. When P.Ws.l to 3 tried to intervene, the accused allegedly threatened them with dire consequences. However, P.W-2 intervened to rescue the deceased-his father and thereupon A-l beat him on his forehead and right fingers causing bleeding injuries. Thereafter, all the accused left the place. The deceased succumbed to the injuries on the spot. P.W-8- P.Narayana, Inspector of Police, Nandikothkur was camping at Midthur Police Station on 6.9.1999. At about 7 p.m., he received vague information about the murders in Chowtukuru Village located at a distance of 18 to 20 kilo meters from Midthur. He rushed to the village and saw the dead body of the deceased at the house of P.W.I. He received Ex.P-1-report from P.W-1 at about 8 p.m., and sent it to Midthur Police Station through the Head Constable No.2128. P.W-7-Y.R.Srinivasa Reddy, Sub-Inspector of Police, Midthur Police Station received Ex.P-1-report at about 9 p.m, registered a case in Cr.No.51 of 1999 and issued Ex.P-5- First Information Report. P.W-8 received copy of the First Information Report took up investigation and posted guan the scene of offence. On 7.9.1999 at al 7 a.m., he conducted inquest on the d body of the deceased, examined P.Ws.l I and one Mohan Reddy and recorded statements. During the course of inquest, effected seizure of M.O-1-Blood stai white full pancha, M.O-2-Blood staii white banian, M.O-3-Blood stained colour drawer, M.O.-4-Red waist thre; M.O-5-Blood stained earth and M.O. controlled earth. While observing the see of offence, he also prepared rough sketch the scene, which has been exhibited as Ex. 6. After the inquest, he sent the dead book of the deceased to the hospital for the po; mortem examination. Since P.W-2 ha injury on his person he was referred Government Hospital for treatment. P.W-: Dr.G.Thirupal Reddy, Medical Office examined P.W-2 on 8.9.1999 at 1.30 p.n and found the following injuries on hi person: "(1) Incised injury over palmar aspect o left thumb. 2.5 cm x 0.5 cm x skil deep (cm) edges clear cut; (2) Incised injury over middle of left hypothenar iminance 3.5 cm x 1/2 cm x 1/2 cm x skin deep edges clean cut and (3) Incised injury over right forehead 2 cm x 1/2 cm x skin deep edges clean cut" He classified the injuries as simple in nature and issued Ex.P-3-Wound Certificate. P.W- 6-Dr. M. Naga Raja Rao conducted postmortem examination on the dead body of the deceased on 7.9.1999 at 1.10 p.m. and found the following external ante-mortem injuries: (1) A cut laceration over left side of neck 18 x 20 x 6 cms. In its depth muscles, blood vessels and nerves are cut. (2) Cut laceration over upper part of frontal region 5x2 cms x bone deep; (3) Stab injury over abdomen left side peritoneal of loops of intestines 4x2 cms x bone peritoneal cavity depth; (4) Cut injury over front of abdomen scalp deep 4x2 cms and (5) Scratch of 16 cms linear, vertical over back of chest. He opined that the deceased died of shock and haemorrhage due to multiple injuries. He further opined that injury Nos.l, 2 and 4 would have been caused by sharp object like knife and injury No.3 would have been caused by sharp edged weapon like dagger and injury No.5 would have been caused with tip of a sharp edged object. Ex.P-4 is Post-mortem report issued by him. P.W-8 arrested A-7 on 27.9.1999 and sent him for remand. Other accused surrendered themselves before the Judicial First Class Magistrate, Nandikotkur and consequently, they came to be remanded to judicial custody. All the material objects came to be forwarded to Forensic Science Laboratory through Judicial First Class Magistrate, Nandikotkur. Ex.P-7 is the letter of Advise. Ex.P-8 is F.S.L. report. After completion of investigation, P.W-8 laid charge-sheet in the Court of Judicial First Class Magistrate, Nandikotkur. The learned Magistrate took the charge-sheet on file as P.R.C.No.47 of 1999 and committed the case to the Court of Session as the offence under Section 302 of Indian Penal Code is exclusively triable by the Sessions Court. On committal the learned Sessions Judge, Kurnool, took the case on file as S.C. No.53 of 2000 and made over the same to the IV Additional Sessions Judge, Kurnool for disposal according to law. On hearing the prosecution and the accused, the learned Additional Sessions Judge framed the following charges: Charge No.l: against A-l to A-19 for the offence of rioting armed with deadly weapons punishable under Section 148 of Indian Penal Code. Charge No.2: against A-l, A-3 to A-6 for the offence of murder punishable under Section-302 of Indian Penal Code. Charge No.3: against A-2, A-7 to A-19 under constructive liability for the offence of murder punishable under Section 302 read with 149 of Indian Penal Code: Charge No.4: against A-l for causing simple hurt to P.W-2 punishable under Section-324 of Indian Penal Code and Charge No.5: against A-2 to A-19 under constructive liability for causing simple hurt to P.W-2 for the offence punishable under Sections 324 read with 149 of Indian Penal Code. The accused pleaded not guilty and claimed to be tried. To bring home the guilt of the accused with which they stood charged, the prosecution examined P.Ws.l to 8 and marked Exs.P-1 to P-8 and M.Os.l to 6. On behalf of the accused neither ocular nor documentary evidence was adduced. The learned Additional Sessions Judge, on appreciation of the evidence brought on record, found A-l, A-3 to A-6 guilty for the offence punishable under Sections 302 read with 149 of Indian Penal Code and found A-l further guilty for the offence under Section-324 of Indian Penal Code and convicted them accordingly, while finding A-2, A-7 to A-19 not guilty for the offences with which they stood charged and acquitted them accordingly. Assailing the judgment of conviction, A-l, A-3 to A-6 filed Criminal Appeal No.282 of 2002 whereas the State filed Criminal Appeal No. 1023 of 2003 questioning the acquittal of A-2, A-7 to A-19.;