- (1.) Thirty three accused persons faced trial on charges under different sections of the Indian Penal Code including Sections 302, 201 read with Section 149, IPC and Sections 147, 148, 286 and 307. Of them five have filed this appeal against the judgment of conviction under Section 302 read with Section 149, IPC and sentence of life imprisonment along with other lesser offences. The judgment of the Sessions Judge has been confirmed by the High Court in appeal in so far as the appellants are concerned. Of the seven accused persons who filed the appeal before the High Court, two were acquitted. Therefore, in this appeal we are concerned with the five appellants i.e. accused No. 4-Nelabothu Sundararamaiah, accused No. 12-Arekatla Raghavaiah, accused No. 13-Arekatla Sankaraiah, accused No. 25-Thota Rama Rao and accused No. 28-Bolla Venkakte-swarlu. The bizarre incident happened on 13-7-1985 at about 4 a.m. in village Gogulapadu under Police Station Nakerikal in which two brothers Yaganti Peda Hanumaiah and Yaganti China Hanumaiah were the casualties and several persons were injured including PW-2 Karlapudi Pitchaiah and PW-3 Karlapudi Pakeeraiah. The deceased and the injured belong to another village namely, Adigoppula. The said village is a faction ridden one, one faction was led by accused No. 1 Nelabothu Punnaiah and the other by PW -2 Karlapudi Pitchaiah. There was rivalry between the two factions since long. Matters took a serious turn when a dispute arose regarding possession of four acres of land owned by one Garre Ramaiah. After the death of Garre Ramaiah his son leased the land to PW-2 but the first accused claimed that he had purchased the said four acres of land. Further on 15-5-1985 one Koti Veeraiah son of accused No. 23 and brother of accused No. 17 were murdered and case in Crime No. 22/85 on the file of Karampudi P.S. was registered in that connection. In that case the two deceased persons, PWs-2 to 6 and 23 and some others were arrayed as accused. Out of them PW-2, PW-4 to PW-6 and PW- 23 and the two deceased persons were not granted anticipatory bail. Therefore, they were hiding in Gogulapadu village evading arrest. They had taken shelter in the house of PW-5. The two deceased and PW-2 were taking food in the house of PW 1 while PWs- 4 to 6 were taking food in the house of Seshaiah, Kistaiah, Kistiah and Sambaiah. Different portions of the ancestral house of PW-1 were in occupation of the brothers Kistaiah and Sambaiah and two others. PW -8 is the son of Kistaiah and PW-7 is the wife of Seshaiah. PW-3, on getting an order of anticipatory bail in his favour, came and joined the other persons on 12-7-1985, On the fateful night the two deceased and PW Nos. 1 to 6 and 23 after finishing dinner were sleeping on cots in the open space in front of the house of PW-1. The children of PW-1 were also sleeping on cots placed nearby. PWs-4 to 6 and 23 slept on the terrace of Yaganti Kistaiah's house. In the early hours of 13-7-1985 at about 4 a.m. about 25 to 30 persons armed with sticks, spears iron pipes and bombs placed in tiffin carriers reached the house of PW-1 and attacked the deceased and other co-villagers. The attackers ransacked the house, exploded bombs and assaulted the two deceased. They carried them away on two cots. PW-2 who had made his escape from the house after being assaulted hide himself behind a bush and from there he saw the incident in the light of the electric lamp burning closeby. He saw the accused persons taking away the two deceased in two tractors.
(2.) On getting the information about the incident from PW-1 the Sub-Inspector of Police PW-29 registered the FIR as Crime No. 65/85 and on getting the information PW-30 Circle Inspector of Police, Nekarikal Police Station reached the place of occurrence and took up the investigation. On 15-7-1985 at about 9 p.m. he received information from SHO Bommarajupalli Police Station that two unidentified bodies were found lying in Jammuvagu near Ipur village. On reaching Ipur village along with PWs-4, 5 and 23 and the SI of Police Nekarikal the two bodies were identified by PWs-4, 5 and 23. Thereafter arrangements were made for conducting post-mortem examination of the deceased by doctors PWs-24 and 25 who also examined the injured persons and submitted their reports. After completion of the investigation charge-sheet was laid against the thirty three accused persons.
(3.) The prosecution examined thirty witnesses in all of whom PWs-1 to 8 and PW-23 were the occurrence witnesses. Out of the occurrence witnesses PWs 1, 7 and 8 were from Goguiapadu vilage while PWs-2 to 6 and 23 were residents of Adigoppula village.;