KONDURU ADAM ALIAS RAMANAIAH Vs. STATE
HIGH COURT OF ANDHRA PRADESH
KONDURU ADAM ALIAS RAMANAIAH
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(1.) The appellants, four in number, have been found guilty by the
Additional Sessions Judge, Guntur, under section 147 of the Indian Penal Code
and each sentenced to 6 months' rigorous imprisonment.
(2.) In the village of Katamrajukonduru, Guntur district, there were two factions,
one consisting of the members of the prosecution party and the other of the accused.
The causes of enmity between these two factions need not be detailed here. Suffice
it to say that on the 19th of June, 1953, there was a fight between these two factions
at about 1 P.M., in the course of which a man called Moshe of the faction of the
accused was fatally injured in addition to the 1st accused who received an injury
and on the prosecution side P.Ws. 2 and 5 to 10 were injured. No information
either to the police or to the village munsif was given by either side till about 6 P.M.,
when accused 2 to 4 complained to the village munsif that P.W.1 and others had
attacked and killed Moshe and caused injuries to the ist accused. The 13th accused
also sent a telegram to the Sub-Inspector of Police at Mangalagiri about this occurrence.
On receipt of this telegram and before the report of the village munsif
reached the police station at Mangalagiri, the Sub-Inspector in charge of the station,
P.W.19, went to the village at about 7-30 P.M. and started investigation into the
murder of Moshe. The next morning at about 10 A.M. P.W. 2 gave a complaint
to P.W.19 embodied in Exhibit P-2 that the 1st accused and two unidentified
persons attacked him while he was returning from his fields. After the completion
of the investigation, the police filed charge-sheet against both the sides.
On the side of the accused, as many as 17 persons were included in the charge-sheet
for offences under sections 147, 323, 324, 325 and 307, etc. Only 13 persons
were committed to the Sessions to take their trial on thirteen counts for the abovementioned
(3.) A number of witnesses were examined for the prosecution in support of its
case that while the members of the prosecution party were sitting in a library engaged
in the peaceful object of reading, the accused formed themselves into an unlawful
assembly with the common object of attacking the prosecution party and in pursuance
thereof attacked them with sticks. Thirteen persons were put forward
as eye-witnesses to the occurrence and every one of them sought to support the
prosecution case in all its details including the specific acts attributed to the various
The defence was one of denial.;
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