SARKARIA - (1.) THIS appeal by special leave is directed against a judgment of the High Court of Andhra Pradesh. It arises out of these facts.
(2.) IN Rompicheria village, there was factions belonging to three major communities viz., Reddys, Kammas and Bhatrajus. Ravavarapu (respondent No. 1 herein) was the leader of Kamma faction, while Chopparapu Subbareddi was the leader of the Reddys. IN politics, the Reddys were supporting the Congress party, while Kammas were supporters of the Swatantra Party. There was bad blood between the two factions which were proceeded against under Section 107. Cr. P.C. IN the Panchayat elections of 1954, a clash took place between the two parties. A member of the Kamma faction was murdered. Consequently, nine persons belonging to the Reddy faction were prosecuted for that murder. Other incidents also took place in which these warring factions were involved. So much so, a punitive police force was stationed in this village to keep the peace during the period from March 196 6/09/1967. Sarikonda Kotamraju, the deceased person in the instant case, was the leader of Bhatrajus. IN order to devise protective measures against the onslaughts of their opponents, the Bhatrajus held a meeting at the house of the deceased wherein they resolved to defend themselves against the aggressive actions of the respondents and their party-men. PW 1, a member of Bhatrajus faction has a cattle shed. The passage to this cattle-shed was blocked by the other party. The deceased took PW 1 to Police Station Nekarikal and got a report lodged there. On 22/07/1968 the Sub-INspector of Police came to the village and inspected the disputed wall in the presence of the parties. The Sub-INspector went away directing the parties to come to the Police Station of the following morning so that a compromise might be effected. Another case arising out of a report made to the police by one Kallam Kotireddi against Accused 2 and 3 and another in respect of offences under Sections 324, 323 and 325, Penal Code was pending before a Magistrate at Narasaraopet and the next date for hearing fixed in that case was 23/07/1968. On the morning of 23/07/1968, at about 6-30 a.m. PWs 1,2 and the deceased boarded Bus No. AP 22607 at Romipicheria for going to Nekarikal. Some minutes later Accused 1 to 5 (hereinafter referred to as A1, A2, A3, A4 and A5) also got into the same bus. The accused had obtained tickets for proceeding to Narsaraopet. When the bus stopped at Nekarikal Cross Roads, at about 7-30 a.m., the deceased and his companions alighted for going to the Police Station. The five accused also got down. The deceased and PW 1 went towards a Choultry run by PW 4, while PW 2 went to the road-side to ease himself. A1 and A-2 went towards the Coffee Hotel situate near the Choultry. From there, they picked up heavy sticks and went after the deceased into the Choultry. On seeing the accused, PW 1 ran away towards a hut nearby. The deceased stood up. He was an old man of 55 years. He was not allowed to run. Despite the entreaties made by the deceased with folded hands, A-1 and A-2 indiscriminately pounded the legs and arms of the deceased. One of the by-standers, PW 6, asked the assailants as to why they were mercilessly beating a human being, as if he were a buffalo. The assailants angrily retorted that the witness was nobody to question them and continued the beating till the deceased became unconscious. The accused then threw their sticks at the spot, boarded another vehicle, and went away. The occurrence was witnessed by PWs 1 to 7. The victim was removed by PW 8 to Narasaraopet Hospital in a tempo-car. There, at about 8.45 a.m., Doctor Konda Reddy examined him and found 19 injuries, out of which, no less than 9 were (internally) found to be grievous. They were : 1. Dislocation of distal end of proximal phalanx of left middle finger. 2. Fracture of right radius in its middle. 3. Dislocation of lower end of right ulna. 4. Fracture of lower end of right femur. 5. Fracture of medial malleolus of right tibia. 6. Fracture of lower 1/3 of right fibula. 7. Dislocation of lower end of left ulna. 8. Fracture of upper end of left tibia. 9. Fracture of right patella.
(3.) FINDING the condition of the injured serious, the Doctor sent information to the Judicial Magistrate for getting his dying declaration recorded. On Dr. K. Reddy's advice, the deceased was immediately removed to the Guntur Hospital where he was examined and given medical aid by Dr. Sastri. His dying declaration, Ex. P-5, was also recorded there by a Magistrate (PW 10) at about 8.05 p.m. The deceased, however succumbed to his injuries at about 4.40 a.m. on 24/07/1968, despite medical aid. The autopsy was conducted by Dr. P. S. Sarojini (PW 12) in whose opinion, the injuries found on the deceased were cumulatively sufficient to cause death in the ordinary course of nature. The cause of death, according to the Doctor, was shock and haemorrhage resulting from multiple injuries.;