Ahmadi, J. - (1.) Ram Subba Reddy,an advocate, politician (an ex-MLA)-cum-trade unionist was done to death when he was sleeping on the terrace of his house in Proddatur, District Cuddapah, on the night between 14th and 15th April 1975. The incident in question occurred at about 3.30 a.m. in which, apart from the deceased Ram Subba Reddy having received fatal blows by lethal weapons, his daughter P. W. 1 Krishnaveni, aged about 24 years, received injuries., when she attempted to go to help her father. As many as 19 persons were put up for trial before the learned Additional Sessions Judge, Cuddapah on different charges. Original accused Nos. 1 and 7 to 19 were charged for criminal conspiracy under S. 120B; original accused Nos. 1 to 6, 12 and 13 were charged for rioting with deadly weapons under S. 148; original accused No. 16 was charged under S. 147 along with original accused Nos 1 to 6, 12 and 13; original accused Nos. 1 to 6 and 12 and 13 were charged for murder under S. 302; the said accused along with original accused No. 16 were also charged under S. 302/149; original accused No. 5 was charged under S. 324 and he as well as original accused Nos. 1 to 4, 6, 12, 13 and 16 were charged under S. 324/149, I.P.C. To bring home the charges against them the prosecution mainly relied on the testimony of P.W. 1 Krishnaveni, P.W. 2 Venkata Subbamma, widow of the deceased, P.W. 3, Venkat Rami Reddy and P. W. 4 Kasi reddy Sambasiva Reddy, both of whom it is claimed were sleeping on the ground floor of the house of the deceased and P.W. 5 Annapu Reddy Venkata Subba Reddy, a neighbour who arrived at the scene of incident on hearing the commotion and who at the instance of P.W. 1 lodged the FIR Exh. P-56 at about 4.30 a.m. The learned Additional Sessions Judge accepted the evidence of P.Ws. 1, 2, 3 and 5, P.W. 4 having turned hostile, and convicted original accused Nos. 1 and 3 under S. 148 and Ss. 302 and 324 with the aid of S. 149, I.P.C. and original accused No. 5 under Ss. 148, 302 and 324, I.P.C., substantially. All the three of them were sentenced to life imprisonment for murdering Ram Subba Reddy and to rigorous imprisonment for 13 years under Ss. 148, I.P.C. No separate was imposed for causing injuries to P.W. 1. The rest were acquitted of all the charges levelled against them. No appeal was preferred to, the High Court against their acquittal but the three convicted accused preferred an appeal to the High Court challenging their conviction while the State appealed for enhancement of the sentence of accused No. 1 from life imprisonment to.capital punishment. The High Court doubted the testimony of P. Ws. 1, 2, 3 and 5 and their capacity to identify the assailants and, therefore, acquitted them of all the charges levelled against them. Consequently the State's appeal for enhancement of accused Nos. 1's sentence also failed. While the State has preferred this appeal against the order of acquittal of original accused Nos. 1, 3 and 5, no appeal has been preferred against the dismissal of.the State's appeal for enhancement of the accused No. 1's sentence, A few facts leading to this appeal may be noticed.
(2.) The deceased was a practising lawyer and a congressman. He was a member of the Legislative Assembly during the 1967-72 term. He had his own house in which he resided., Accused No. 1, a medical practitioner, was a trade union activist belonging to the Communist Party of India (Marxist Leninist group) and weilded considerable influence among the working classes. Accused No. 2 was a lower Division clerk in the judicial department, District Cuddapah, but was on leave at the material time. He was a close associate of accused No. 1. Accused Nos. 3 and 5 were employees of Andhra Cotton Mills, Proddatur, while accused Nos. 4 and 6 were employees of International Packaging Company, Proddatur, and took part in -trade union activities. In the first quarter of 1974 the workers of the International Packaging Company had served the management with a charter of demands and accused No. 1, who was the President of the Union had served the management With a strike notice on' the failure of the negotiations which the management countered by declaring a lock-out. Thereafter P.W. 21 Jutura Ramaniah partner of the company was assaulted on the night of March 30, 1974 for which a case was registered against accused No. 1 and his,companions. The deceased who was, a lawyer for the company is stated to have advised accused No. 1 not to resort to violence for settlement,. of such industrial disputes, As the deceased was representing the company the relations between the deceased and accused No. 1 which were cordial were soured and the latter stopped visiting the former. In the month of November, 1974, on the advice of the deceased, the management brought workers from Bangalore and started the factory. However the workers' union could prevail upon those workers not to report for work and the unit again came to a. standstill within about ten days of commencement. The dispute was referred to the arbitration of three persons but they could not resolve it on account of the uncompromising attitude of the workers led by accused No. 1.
(3.) While this unrest continued trouble started brewing with the transport workers union of which accused No. 1 was the President striking work. Here too the management was represented by the deceased. The atmosphere in the township was surcharged and tense. With the intervention of the State Minister the dispute between the transport workers and the owners was settled but so far as the International Packaging Company is concerned its employees did not participate in the meeting called by the Minister. A warrant for the detention of accused No. 1 under MISA was issued on February 14, 1975 but the same could not be executed as he went underground. On the advice of the Minister the management unilaterally opened the factory w.e.f. March 19, 1975,. The deceased" had throughout taken a very active interest in ensuring the starting of the factory notwithstanding the stand taken by the union. The union had also complained about the unilateral imposition of certain conditions on the workmen but to no avail. The workers began to report for work though the union was not reconciled. On the other hand since the warrant for accused No. 1's arrest could not be executed a warrant for the attachment of his properties was issued on April 9, 1975.;