C.V.Nagarjuna Reddy, J. - (1.) The appellants, who are the accused in Sessions Case No.26 of 2008 on the file of learned V Additional Sessions Judge, Kurnool at Nandyal, filed this appeal assailing their conviction for the offences punishable under Sections 147, 148, 201 and 302 read with 149 I.P.C. They were sentenced to imprisonment for a term of two years and to pay a fine of Rs.500/- each and in default of payment of fine, to undergo simple imprisonment for a period of two months for the offence punishable under Section 147 I.P.C.; for a term of three years and to pay a fine of Rs.500/- each and in default of payment of fine, to undergo simple imprisonment for a period of two months for the offence punishable under Section 148 I.P.C.; for a term of three years and to pay a fine of Rs.500/- each and in default of payment of fine, to undergo simple imprisonment for a period of two months for the offence punishable under Section 201 I.P.C. and to life imprisonment and to pay a fine of Rs.1,000/- each and in default of payment of fine, to undergo simple imprisonment for a period of four months for the offence punishable under Sections 302 read with 149 I.P.C.
(2.) Briefly stated, the case of the prosecution, as reflected in the charge sheet, is as follows. (a) The accused are the residents of Muthyalapadu Village of Chagalamarri Mandal. Accused Nos.2 to 5 are the sons of accused No.1. One Ummadaboina Obulesu (hereinafter referred to as 'the deceased') was the husband of P.W.1. L.Ws.11 and 12 - Ummadaboina Subba Rao @ Bujji and Ummadaboina Lakshmi Devi, were the son and the daughter, respectively, of the deceased and P.W.1. The deceased was the senior paternal uncle of P.Ws. 2, 3 and 8 and L.W.13 - Ummadaboina Venkata Subramanyam. P.W.4 and L.W.9 - Ummadaboina Suvarnamma, were the younger brother and the sister-in-law, respectively, of the deceased. The relationship between the family of accused No.1 and the deceased was strained due to the disputes regarding the hayrick yard and both the family members lodged criminal cases against one another in Chagalamarri P.S. Thus, there was bad blood between the two families and the accused intended to kill the deceased and waited for an opportunity to implement their plan. (b) On 30.08.2007, in the morning, the deceased accompanied by P.Ws.1 to 3 went to their agricultural field - cherlo chenu, to attend to the work of removing the weed stack and all of them stayed at the land. At about 8.00 p.m., on hearing sound, they saw the accused and two others approaching them forming themselves into an unlawful assembly, armed with axes and daggers, in prosecution of their common object to kill the deceased. On seeing the deceased, accused No.1 shouted as "champandiraa". On that, the accused surrounded the deceased and beat and hacked him with axes. The deceased, having received injuries to his face and neck, fell down and died on the spot. P.Ws.1 to 3, who witnessed the occurrence, tried to intervene, but, the accused threatened them that they would also be killed. Not satisfied with the murder of the deceased and in order to cause disappearance of the evidence and screen themselves away from the legal punishment, the accused carried the dead body of the deceased and threw it into the water of the Telugu Ganga canal under the culvert nearby the field of Madduletaiah Setty, Muthyalapadu Village. L.W.8 - Akula Thimmaiah, saw the accused carrying the dead body of the deceased on the banks of the Telugu Ganga canal and identified the accused by focussing torch light on them. P.Ws. 1 to 3 identified the accused under the glow of an electric bulb burning near the bore pipe in the field of the deceased. (c) On 31.08.2007, P.Ws.1 to 3 and their family members, with the help of P.Ws.5 to 7 pumped out water from the culvert and traced the dead body of the deceased at 11.00 a.m. and took it to their house. On the same day, at 1.30 p.m., basing on the report of P.W.1, the S.H.O., Chagalamarri P.S. registered it as crime No.59 of 2007 under Sections 147, 148, 201 and 302 read with 149 I.P.C. and issued Express F.I.Rs. to the Officers concerned and investigated into. The Medical Officer, who conducted autopsy over the dead body of the deceased, opined that the cause of the death of the deceased was due to shock and haemorrhage because of the major injuries to the face and neck and that the time of death was about 30 to 36 hours prior to the post mortem examination. On 01.09.2007, at 7.30 a.m., the Investigating Officer (I.O.), in the presence of the panchayatdars, prepared observation panchanama of the scene of offence. On the same day, at about 9.00 a.m., the I.O. prepared observation panchanama of the place, where the dead body of the deceased was thrown into the canal to cause disappearance of the evidence, and also seized blood stained concrete pieces and also control earth. On 17.09.2007, at about 7.30 a.m., in the presence of the panchayatdars, the Circle Inspector of Police, Allagadda, the Sub-Inspector of Police, Chagalamarri, with the supporting staff, effected the arrest of the accused and four others at Brahmamgari Matam between Muthyalapadu and Chakravarthulapalli Villages and recorded their free and voluntary confessional statements regarding committing the murder of one U.Nageswara Rao relating to crime No.58 of 2007 and regarding the murder of the deceased by the accused relating to crime No.59 of 2007 of the present case and seized the crime weapon i.e., an axe and super bag from accused No.2, which were produced by him relating to the present case. The confessional statements of the accused and the crime weapon were preserved under the cover of panchanama by the I.O. On the same day, the accused were produced before the Judicial Magistrate of First Class, Allagadda for remanding them to judicial custody. A separate charge sheet was filed against the accused and four others relating to crime No.58 of 2007 for causing murder of U.Nageswara Rao. Thus, the accused, being the members of the unlawful assembly, armed with deadly weapons i.e., axes and daggers and in prosecution of their common object, did commit the offence of rioting and also caused the death of the deceased and threw the dead body into the Telugu Ganga canal with an intention to screen away the evidence and thereby, they are liable to be punished under Sections 147, 148, 201 and 302 read with 149 I.P.C.
(3.) As the plea of the accused was one of denial, they were subjected to trial, during which, the prosecution examined P.Ws. 1 to 17, got Exs.P-1 to P-16 marked and produced M.Os.1 to 7. On behalf of the accused, no oral evidence was let in. However, they got Exs.D-1 to D-8 marked.;