- (1.) These appeals are directed against the final judgments and orders dated 20.06.2007 and 13.06.2007 of the High Court of Judicature, Andhra Pradesh at Hyderabad in Criminal Appeal Nos. 368 and 367 of 2003 respectively whereby the High Court while setting aside the conviction and sentence of other accused, partly allowed the criminal appeals upholding the conviction of the appellants herein for the offences punishable under Sections 148 and 436 of the Indian Penal Code, 1860 (in short 'the IPC') and reduced the sentence for the offence punishable under Section 436 of the IPC from 7 years to 3 years while maintaining the amount of fine and directed the appellants herein to surrender themselves before the trial Court in order to serve the remaining period of sentence.
(2.) Brief facts: a) There were land disputes between two groups at Pedagarlapadu Village, Guntur District, Andhra Pradesh in respect of the lands belonging to the Temples which were leased out by the Endowments Department to the upper class people of the village and there was resentment in local dalits for the same. One day, the agitators trespassed into the said lands, in respect of which, Pinnam Peda Subbaiah-the leaseholder filed a complaint which resulted into a deep seated rivalry between the two groups. b) In order to take revenge, the other party attacked the leaseholder to commit his murder. In retaliation, on 14.04.1997, the accused/appellants, formed an unlawful assembly, armed with deadly weapons, raided the Harijan colony and set ablaze around 50 dwelling houses of the prosecution party and abused them in the name of their caste. c) The Inspector of Police, Dachepalli took up the investigation which culminated into registration of Crime Nos. 29 and 28 of 1997 and later, the case was transferred to the Crime Investigation Department (CID). The Deputy Superintendent of Police, CID, Vijayawada filed the charge sheet against the accused persons for the offence punishable under Sections 147, 148, 435, 436 read with Section 149 IPC and Sections 3(1)(v), 3(1)(x), 3(2)(v) and 3(2)(iv) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'the SC & ST Act'). d) The cases were committed to the Court of Special Sessions Judge, Guntur under the SC & ST Act and numbered as S.C. Nos. 63/S/2000 and 62/S/2000. In both the cases, by separate orders dated 24.03.2003, the Special Sessions Judge found the appellants herein and others guilty for the offence punishable under Sections 148 and 436 of the IPC and convicted and sentenced each of them to suffer RI for one year and to pay a fine of Rs.2000/- each, in default, to further undergo simple imprisonment (SI) for one month for the offence punishable under Section 148 IPC and further sentenced each of them to suffer RI for 7 years and to pay a fine of Rs.10,000/-, in default, to further undergo SI for two months for the offence punishable under Section 436 IPC read with Section 149 IPC. (e) Aggrieved by the said order of conviction and sentence, the two appeals being Criminal Appeal Nos. 368 and 367 of 2003 were filed before the High Court. (f) By impugned order dated 20.06.2007 in Criminal appeal No. 368 of 2003 and order dated 13.06.2007 in Criminal Appeal No. 367 of 2003, the High Court, partly allowed the appeals and while setting aside the conviction and sentence of other accused, upheld the conviction of the appellants herein for the offences punishable under Sections 148 and 436 IPC but reduced the sentence for the offence punishable under Section 436 IPC from 7 years to 3 years while maintaining the amount of fine. g) Aggrieved by the said order, Busi Koteswara Rao (A-1), Pinnam Nageswara Rao (A-4) and Busa Mattayya (A-30) have filed Criminal Appeal No. 454 of 2009 and Busi Koteswara Rao (A-1), Katakam Pedda Biksham (A-11), Katakam China Biksham (A-12), Busa Mattayya (A-13), Busa Kotaiah (A-14), Pinnam Rangaiah (A-15), Pinnam Sankar (A-17), Pinnam Nageswara Rao (A-19), Boosa Srinu (A-21), Marasu Venkata Swamy (A-22), Pinnam Ramana (A-24) and Pinnam China Subbayya A-25 have filed Criminal Appeal No. 455 of 2009 before this Court by way of special leave.
(3.) Heard Mr. V. Sridhar Reddy, learned counsel for the appellants/accused and Mr. Mayur R. Shah, learned counsel for the respondent-State.;