- (1.) The village of Mundur in Eluru Taluk of West Godavari District was faction-ridden. There were several clashes between the parties resulting in cases and counter-cases and security proceedings also were launched against both the parties. Two Constables including Public Witness 19 were posted in the village to maintain law and order who came to the village in the morning of 9/4/1977. On 10/4/1977 at about 6 p. m. a rioting took place in the course of which one Ramineedu (hereinafter referred to as the "deceased") received fatal injuries and one Veera Venkaiah Chowdary, Public Witness 6 also received serious injuries. In respect of this occurrence 16 persons including A-1, the leader were tried for offences punishable under S. 120-B read with 302, 148, 302/149 and 326/149 Indian Penal Code, 1860. The trial court acquitted original accused 9 and 11 to 16 of all the charges and also acquitted original accused 1 and 2 of conspiracy charge but convicted original accused 1 to 8 and 10 for the other offences and sentenced them accordingly. On appeal preferred by them, a division bench of the High court acquitted original accused 7 and confirmedthe convictions and the sentences of A-1 to A-6, A-8 and A-10 who have filed the present appeal.
(2.) The prosecution case is as follows. A-1 Alapati Venkata Satyanarayana Murthy was the Sarpanch of the village and he was leader of one faction. The opposite faction was led by one Vishnumurthy. A-1 to A-6 and A-14 are closely related to each other. A-7 to A-13, A-15 and A-16 are Harijans related to each other and are followers of A-1. The deceased, his father Public Witness 1, PWs 2, 6 and 8 and others were members of the faction led by Vishnumurthy. On 10/4/1977 the deceased and PWs 1 and 2 went to the field of Public Witness 1 at about 4.30 p. m. After attending to the sugarcane crop they were returning to the village at about 6 p. m. along the road. On the way they found PWs 4, 5 and others of Sitharamapuram Village sitting on the culvert by the side of the road. While they were proceeding on the road, Public Witness 5 requested Public Witness 2 to lend his starter for supplying water and Public Witness 2 replied that he would look to the matter later. While the deceased and PWs 1 and 2 proceeded further and covered a distance of 200 yards, they found Public Witness 3 coming in the opposite direction on his cart loaded with hay. When the deceased was nearing the cart, all the accused suddenly came from behind the hay-loaded cart armed with karra kathulu (knife fixed to a stick). On the exhortation of A-1, A-2 struck the deceased on the left upper arm with the karra kathulu in his hand. The deceased fell down and thereupon all the accused indiscriminately stabbed the deceased with the karra kathulu in their hands. PWs 1 and 2 ran towards the culvert calling for the help of PWs 4 and 5 who came to the scene running. Public Witness 4 identified A-l to A-3 amongst the persons who were running away. They found the deceased lying in a pool of blood. Public Witness 4 took out a towel and bandaged the wounds to prevent further bleeding. Immediately Public Witness 1 went to his field and brought a cart and took the injured deceased to the hospital at Mundur in that cart.
(3.) According to the prosecution, after stabbing the deceased the 16 accused were going into the village and when they were at a distance of about one furlong from Harijanwada, they saw Public Witness 6 who was going to his field. A-1 instigated and A-2 to A-6, A-8 and A-10 attacked Public Witness 6 on various parts of his body. Public Witness 6 lost consciousness. Thereafter the accused left the place. Public Witness 7 who was returning from his fields, found Public Witness 6 lying unconscious and took him in his cart to hospital at Mundur. The Rural Medical Officer, Public Witness 9 gave first-aid to the deceased and Public Witness 6 and advised them that they should be taken to the Headquarters' hospital at Eluru. Securing two taxi cars, Public Witness 1 and others took the deceased and Public Witness 6 to the Headquarters' hospital at Eluru. The doctor, Public Witness 14 who was in charge of the casualty ward admitted them at about 10. 05 p. m. As the injuries on both of them were serious Public Witness 14 sent intimation to the police for recording dying declarations. Before the police and the Magistrate could arrive the deceased succumbed to his injuries at about 10. 45 p. m. Public Witness 13, the Special Judicial Magistrate, however, reached the Hospital at about 1 a. m. and recorded the statement of Public Witness 6 marked as Ex. P-14 as dying declaration. Public Witness 20, ASI came to the hospital, obtained a copy of Ex. P-14, went to the police station and registered a case. Public Witness 19, the Bandobust Constable in the village gave a telephonic message to the Sub-Inspector, Public Witness 21 who made an entry in the general diary and immediately left for Mundur, He recorded a statement Ex. P-1 from Public Witness 1 and sent the same to the police station for registering the case. The case was duly registered and the FIR was issued. Theinquest was held over the dead body and the same was sent for post-mortem. Dr Krishna Prasad, Public Witness 15, who conducted the post-mortem, found as many as 15 incised wounds, two contusions and one abrasion. On internal examination he found a number of fractures of legs and hands. On further internal examination he also found fracture of the ribs and subdural haematoma over occipital and parietal region. The doctor opined that the deceased died of shock and haemorrhage due to multiple injuries and injury to the brain. During the investigation, Public Witness 18, a Radiologist took the X-rays of the limbs of Public Witness 6 and found fractures of (1 ulna and radius; (2 both the bones of right forearm; (3 both the bones of right leg; (4 both the bones of the lower ends of the right leg; (5 left fibula; (6 3rd, 4th and 5th metatarsals and (7 proximal phalanx.;