- (1.) The above appeal arises out of the judgment of the Andhra Pradesh High court in Criminal Appeal No. 656 of 1989. Special Leave Petition No. . of 1995 is filed by the State of A. P. for obtaining leave to appeal against the judgment of that High court in Criminal Appeal No. 655 of 1989. Both these appeals were Filed against the judgment of the Sessions court, Cuddapah Division in Sessions Case No. 176 of 1988.
(2.) No reasonable ground for condonation of delay has been made out and, therefore, the special leave petition deserves to be rejected on the ground of limitation.
(3.) For the incident which took place on 6/3/1987 at about 10. 30 a. m. wherein Sreenivasulu (deceased) received serious injuries and as a result of which he died on 14/3/1987, Obulesu (A-l) , Nagaraju (A-2 and Venkataswamy (A-3 were tried in the court of Session, Cuddapah Division for offences punishable under S. 148 and 302 read with Section 149 Indian Penal Code. The case of the prosecution was that the said three accused are members of the All India Students' Federation. On the night between 4/3/1987 and 5/3/1987 Accused 2 Nagaraju had an altercation with one Masthanaiah (Public Witness 9, a friend of Nagaraju (Public Witness 8 and therefore. Accused 2 had assaulted Masthanaiah and Nagaraju in Andhra Jyoti Office. By way of retaliation Nagaraju (Public Witness 8 and Masthanaiah (Public Witness 9 had beaten Accused 2. In order to take revenge Accused 2 along with Accused 1 to 3 and 15 to 20 other persons went to the house of Nagaraju (Public Witness 8. At that time Nagasubbamma (Public Witness 2 and Yasoda (Public Witness 3 were present. The accused searched the house of Public Witness 8 and as he was not found there they enquired from Nagasubbamma about the whereabouts of Nagaraju and then left after causing some damage in the house. Again at about 7.30 p. m. all of them armed with weapons, went to the house of Nagaraju (Public Witness 8. Nagaraju was not present but his elder brother Sreenivasulu and Krishna Murthy (Public Witness 1) were present. When the accused enquired about the whereabouts of Public Witness 8, Sreenivasulu (deceased) protested against the high-handed behaviour of the accused. Thereupon, Venkataswamy (A-3 caught Sreenivasulu by his hands and instigated others to beat him. Obulesu (A-l) gave a knife blow to Sreenivasulu. When Sreenivasulu was able to get himself released from the hands of Venkataswamy (A-3, Nagaraju (A-2 gave a sickle blow on the right side abdomen of Sreenivasulu. Venkataswamy (A-3 then took a spear from the hands of another person and gave a forceful blow on the stomach of Sreenivasulu. Injured Sreenivasulu then ran to the house of his relative Ramanamma (Public Witness 12 to save himself. At about 7.45 p. m. Nagasubbamma (Public Witness 2 and Radhakrishna (Public Witness 4, uncle of Sreenivasulu took injured Sreenivasulu to the hospital. He was examined at about 7.50 p. m. As he had received a serious injury the doctor sent for the police and a Judicial Magistrate for recording his dying declaration. Ananthasayana Prasad (Public Witness 5 who was the first Additional Munsif at Cuddapah went to the hospital at 9.50 p. m. and recorded a dying declaration. Ranga Rao (Public Witness 16 who was then working as Inspector of Police received the information at 8.20 p. m. and went to the hospital at about 8.30 p. m. As Sreenivasulu was under medical treatment at that time he recorded the statement of Krishna Murthy (FW 1 and sent it for registration as FIR. He then carried out further investigation. On the next day he was able to record the statement (Ex. P-14 of injured Sreenivasulu. It appears that identity of the otheraccused could not be established and therefore Accused 1 to 3 only were put up for trial.;