Decided on April 12,1954

STATE Respondents


- (1.) THESE are appeals against the judgment of the Court of Sessions of Kurnool division, convicting the accused Under Section 302 and Section 148, Indian Penal Code and sentencing them to death and also to undergo rigorous imprisonment for 3 years.
(2.) ONE Lingareddi was hacked to death, on 18-1-1954 at about 10 P. M. near a well called Kurakulavandla Bhavi in the village of Pedda Hothur in Eluru Taluk. The case for the prosecution is, the 1st accused is the father of accused 2 and 3, and accused 4 and 5 are illegitimate sons of a divided brother of the 1st accused. They were manufacturing arrack illicitly in the hillock of Kurithegudda, which is close to the field of Lingareddi, the deceased. Lingareddi was a fairly well-to-do ryot of respectability and he naturally protested against the actions of the accused. Not only did they not heed to his advice, but they also shifted the materials used for distillation close to the field of the deceased. Two months prior to the occurrence, the deceased broke the pots with a forked stick. Two days prior to the incident, the 5th accused drove his flock of sheep into the field of the deceased and his standing crops grazed. The deceased beat the 5th accused. At about 10 P. M. on 18-1-1954, when the deceased, as usual, was going to his field to keep watch over the standing crops, the five accused who were lying in wait in their 'maliga' in their garden armed with deadly weapons, came to the Marakat rastha, surrounded him and stabbed him with spears and hatchets, which resulted in his death.
(3.) EXHIBIT P-11, the plan filed in the Sessions Court shows at a glance the locality, where the dastardly crime was committed. It will be seen from the plan that Marakat road is a cart track, which starts from the village and leads to another village called Marakat in the north. The 1st accused owned a garden with a house and a well thereon to the west of the cart track. The deceased also owned fields on the western side of the cart track and north of the accused's fields. Between the two, besides other fields, there is a cremation ground. On the eastern side of the Marakat road after passing the fields of the accused, there is a well called Kurakulavandla Bhavi. Prom that well, a footpath leads towards the east to Sakkana's land. The dead body of the deceased was found at the point marked in the plan, which is 22 yards from the well.;

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