B. N. Agrawal, J. - (1.) Fourteen accused persons including respondent Nos. 1 to 5 (hereinafter referred to as the respondents) were tried for various offences and the trial Court convicted the respondents under Section 302/149 of the Penal Code and each one of them was sentenced to undergo imprisonment for life. They were further convicted under Section 148 of the Penal Code and sentenced to undergo rigorous imprisonment for a period of two years. Respondent Nos. 1, 2 and 4 were also convicted under Section 3 of the Explosive Substances Act and each one of them was sentenced to undergo rigorous imprisonment for two years. All the sentences, however, were ordered to run concurrently. So far as the other accused persons are concerned, they were acquitted of all the charges by the trial court itself. Against their convictions, the respondents filed appeals before the Andhra Pradesh High Court whereas son of the victim-Otukunta Appaiah filed a revision against the order of acquittal. The High Court dismissed the revision application but allowed the appeal, set aside the convictions and sentences awarded against the respondents by the trial Court and acquittal them of all the charges.
(2.) Prosecution case, in short, is that members of prosecution party as well as the accused persons belonged to village Peddaventhurla in which village, there were two factions, leader of the one group being accused-Chereddy Malla Reddy and all other accused persons his followers and of the other one Otukunta Channarayudu, who was brother of Otukunta Appaiah, whose followers were members of prosecution party. Six to seven months prior to the present incident, a dispute had arisen between the two groups over election of a co-operative society, during the course of which some incident had taken place leading to filing of two cases in which some of the accused persons were made accused and Golla Angilikam Narayana (P.W. 1), Kamma Otukunta Rama Naidu (P.W. 3) and Otukunta Appaiah (deceased) of the present case were cited as prosecution witnesses. In the said case, 21st March, 1988 was the date fixed for examination of prosecution witnesses before Judicial Magistrate 1st Class, Koilkuntla, on which date, in the morning, Otukunta Appaiah along with Golla Angilikam Narayana (P.W. 1), Harijana Kosangi Subbarayudu (P.W. 2), Kamma Otukunta Rama Naidu (P.W. 3) and Golla Panyam Venkata Narayana (P.W. 4) and three others left their village for going to Koilkuntla for deposing in the said cases and they boarded a bus at village Perusomala at 6.30 a.m. As the bus was over-crowded, the aforesaid persons had no option but to remain standing behind the drivers seat. When the bus was about to start, all the fourteen accused persons, including the respondents, came in front of the bus, stopped it and while some of them got into the bus, others climbed on its top. When the bus reached village Ramabhadrunipalli, some passengers got down as a result of which, some of the accused persons, who were on its top, came down and got into the bus. Thereafter, when the bus was proceeding towards Koilkuntla, members of prosecution party, having apprehended that accused persons, who were armed with weapons, might attack them as they were moving towards them and when the bus reached near a culvert, they requested the driver to stop the same and when it stopped, the members of prosecution party got down from the bus through the door which was by the side of the driver and started running across the fields. The accused persons also got down from the bus and chased them. Respondent Nos. 1, 2 and 4, who were having three country made bombs, hurled the same on Otukunta Appaiah which hit him and exploded. Accused Chereddy Malla Reddy instigated the other accused persons to kill Otukunta Appaiah whereupon respondent Nos. 3 and 5 inflicted injuries upon his head and shoulder with hunting sickles which they were carrying. The prosecution witnesses, who had seen the occurrence, ran in different directions to save their lives, but P.W. 4 was overpowered by one of the accused persons and assaulted with iron pipe, whereafter all the accused persons fled away and P.Ws. 1 to 4 and their companions came near Otukunta Appaiah and found him dead.
(3.) A first information report was lodged at the concerned police station on the same day at 10.30 a.m. on the basis of the statement of P. W. 1. Police after registering the case took up investigation and on completion thereof submitted charge-sheet, on receipt whereof, the learned magistrate took cognizance and committed the accused persons, including the respondents, to the Court of Session to face trial.;