Raveendran, J. - (1.) This appeal by special leave is against the judgment dated 28.8.2003 of the Andhra Pradesh High Court in Criminal Appeal No.1211 of 2001 reversing the judgment of acquittal dated 7.2.2000 passed by the First Addl. Sessions Judge, Chittoor in S.C. No.361 of 1999.
(2.) The prosecution case, in brief, is as under : 2. 1 P. Narasimha Reddy (PW-2) and P. Govinda Reddy (Accused No.1) are brothers. P. Dilli Babu Reddy (PW-1) and Purusho-tham Reddy (deceased) are the sons of Narasimha Reddy. Ranamma (Accused No.2) is the wife of Govinda Reddy. Nagaraja Reddy (Accused No.3), Balakrishna Reddy @ Balu and Chandrababu Reddy @ Babu are the sons of Govinda Reddy and Ranamma. (Balu and Babu were juveniles at the relevant time). Both families were residents of Bangareddipalli Diguva Indlu, a hamlet falling under the Gangadhara Nellore Panchayat in Chittoor District. The house of Narasimha Reddy and house of Govinda Reddy were separated by the land of Chinnakka. 2. 2 Narasimha Reddy, after his marriage, having differences with his parents had shifted to his father-in-laws place and then to Madras. Ultimately, he came back to his native village. In the meanwhile, Govinda Reddy and two other brothers namely Krishna Reddy and Venkateswarulu Reddy had continued to live with their father Bakki Reddy. Bakki Reddy and Venkateswarulu Reddy had died and Krishna Reddy was residing in a different town. Govinda Reddy was in possession and enjoyment of the family properties. There were disputes between the families of Narasimha Reddy and Govinda Reddy in regard to property. 2. 3 On 24.4.1999, Narasimha Reddy (PW-2) brought some plastic pipes to his house in a hired tractor. Accused 1, 2 and 3 (Govinda Reddy, his wife and son Nagaraja Reddy) came to the house of Narasimha Reddy and raised a quarrel stating that the tractor unauthorizedly passed through their land and threatened Narasimha Reddy with dire consequences. This was the first incident. 2. 4 On 25.4.1999 at about 6 p.m., Govinda Reddy with his wife (A2) and sons (A3 and two juveniles) removed a part of the fence surrounding Narasimha Reddys property. When Narasimha Reddy and his son Dilli Babu Reddy rushed to the place and questioned why they were removing the fence, Accused 1, 2 and 3 started abusing them. Govinda Reddy (A1) exhorted his wife and sons to kill Narasimha Reddy and Dilli Babu Reddy. Nagaraja Reddy (A-3) dealt a blow on the right side of Dilli Babu Reddys head with the upper side of a Barisa (a long dagger with a long handle). Then, Govinda Reddy (A1) dealt a blow on the right middle finger of Narasimha Reddy with a sickle. Both Narasimha and Dilli Babu Reddy sustained bleeding injuries. The neighbouring land owners and others working in the adjoining fields rushed and separated the two groups. This was the second incident. 2. 5 Within about half an hour of the second incident, Purushotham Reddy (first son of Narasimha Reddy) returned home. Narasimha Reddy and Dilli Babu Reddy narrated to him what had happened. Immediately, Purushotham Reddy, followed by his father (PW-2) and brother (PW-1), went towards the house of Govinda Reddy to question them about their high-handed acts. When Purushotham Reddy entered the land Chinnaka which was situated between the lands (houses) of the two brothers, accused 1, 2, and 3 (Govinda Reddy, Ranamma and Nagaraja Reddy) along with two juvenile sons of Accused No.1 (Balu and Babu) came from their house. Govinda Reddy was armed with a stick with nails, Ranamma was armed with stout stick, Nagaraja was armed with a Barisa. Govinda Reddy exhorted his wife and sons to kill Purushotham Reddy. Balu and Babu threw mud balls at Narasimha Reddy and Dilli Babu Reddy, who were following Purushotham Reddy. Govinda Reddy and Ranamma caught hold of Purushotham Reddy and Nagaraja (A-3) stabbed Purushotham Reddy near his throat with the Barisa. Purushotham Reddy collapsed. Govinda Reddy and his wife and children ran away. This was the third incident. It occurred around 7.30 P.M. This incident was witnessed by Gurava Reddy (PW-3), Gungulu Reddy (PW-4), Perumals son Dilli Babu (PW-5) and P. Ravi (PW-6) and Sarojamma. But they did not interfere. 2. 6 Thereafter, Dilli Babu Reddy (PW-1) got a complaint (Ex.P-1) written and presented it at the Gangadhara Nellore Police Station (which was at a distance of about 4 km. from the place of incident) around 9.00 P.M. The police sent Narasimha Reddy and Dilli Babu Reddy for treatment to Primary Health Centre for examination and treatment.
(3.) T. Sundaramurthy, Sub-Inspector of Gangadhara Nellore Police Station (PW-15), received the complaint and registered the case in Crime No.35 of 1999 under sections 147, 148, 307 and 302 read with section 149 IPC, prepared the FIR and recorded the statements of PW-1 and PW-2. He also seized the blood-stained clothes of PW-1 from him under a Mahazarnama. The next day, K. Srinivasa Gopal, Inspector of Police, Chittoor Rural Circle (PW-16), took up the investigation and recorded the statements of some other witnesses. On 26.4.1999, at about 9.00 A.M., inquest was conducted over the dead-body and it was sent for autopsy. He arrested accused 1 and 2 as also their juvenile sons Balu and Babu on 28.4.1999 at about 3 p.m. in the presence of PW-9 (Pancha) and recorded their confession statements and on the same day at 6.00 P.M. in pursuance of the information, disclosed in the confession statement of Govinda Reddy, recovered the Barisa (MO.1) from a sugarcane garden shown by Govinda Reddy. PW-16 also arrested Nagaraja Reddy (A-3) on 1.5.1999 around 9 A.M. in the presence of Panchas (PW-10 and another). Nagaraja Reddy made a confession statement (Ex. P-25) and took them to the house of one Subha Reddy and produced a blood-stained shirt (MO-8).;