- (1.) J:- In Sessions Case No. 96 of 1983 on the file of the Sessions Judge, Anantpur 10 persons (hereinafter referred to as A1 to A10 respectively) were tried for criminal conspiracy, rioting with deadly weapons and murders of Kalapuram Paramasani Narasimhudu, Golla Jella Malli Reddy and Golla Jalla Narayana Reddy (hereinafter referred to as D1, D2 and D3 respectively). The learned Judge convicted and sentenced A1 under Section 302, I.P.C. and Section 3 of the Explosive Substances Act for committing the murder of D1 with bombs and A2 under Section 302, I.P.C. (simpliciter) for committing the murder of D2 and under Section 302 read with Section 34, I.P.C. for the murder of D1. A1 and A2 were acquitted of the other charges and A3 to A10 of all the charges. Against their convictions and sentences A1 and A2 filed two separate appeals in the High Court and the State, in its turn, filed an appeal against the acquittal of the other eight. During the pendency of the appeal A1 died and consequently his appeal abated. By a common judgment the High Court dismissed the appeal preferred by A2 and allowed the other appeal in part by setting aside the acquittal of A3 to A6 and convicting and sentencing them under Section 302 read with Section 34, I.P.C. and affirming the acquittal of A7 to A10. However, considering the tender ages of A4 and A5 the High Court recommended their commitment to a Borstal School. The above judgment of the High Court is under challenge in this appeal preferred by A2 to A6 under Section 2 of the Supreme Court (Enlargement of Criminal Appellant Jurisdiction) Act, 1970 and Section 379 read with Section 380, Cr. P.C.
(2.) Benefit of details, the possession case is as under: (a) Gola Jalla Chinnappa Reddy (P.W. 1) and A1 to A10, who are inter-related, are residents of Brahmanapalli, which is at a distance of 14 kms. Gooty in the district of Anantpur. D2 and D3, who were two brothers, also hailed from the same place. Golla Paramasani Pullaiah (P.W.2) is a resident of Kalapuram, which is 8 kms. away from Brahmanapalli. D1, who was the maternal uncle of P. Ws. 1 and 2 and D2 and D3, was also a resident of Kalapuram. At the material time A1 was working as Branch Postmaster of Brahmanpalli and A2 was Munsif of that village. (b) In 1981 P.W.1 was elected Sarpanch of his village defeating T. Narayana who was set up by A2 and in that election A1 supported the candidature of P.W.1. However, three months before the incident with which we are concerned in this appeal, ill-feelings developed between P.W.1 and A1 over a dispute regarding the house of Golla Chandrasekhara Reddy (PW7). PW 7 took the house of one B. Hanumanthu on an annual rent of Rs. 60/- out of which he paid him Rs.10/- in advance. Later on he came to know that the house actually belonged to one Yarikala Gampamma and so he purchased the house from her for Rs. 100/- . Thereafter when Hanumanthu demanded rent and P.W.7 refused to pay an altercation took place between them and over that issue a Panchayat was held in which A1 and A2 figured as elders on behalf of Hanumanthu and P. W. 1 and D3 on behalf of P. W. 7. The dispute, however, could not be settled by the Panchayat. A few days later A1, A2 and Hanumanthu assaulted P.W.7 and threw his belongings out of the house. P.W.7 then informed P.W.1 about the incident who advised him to make a complaint. P.W. 7, however, did not file any complaint and left the village and started living at Illuru. (c) A week after that incident D3 was assaulted by A1 and A2 their men in Gooty and an amount of Rs. 4000/- was forcibly taken away from him. D3 informed P.W.1 about the incident but did not lodge any formal complaint about the same. This was followed by another incident on September 22, 1982 in which Suryanarayana Reddy, brother of P.W.1. was assaulted near a cinema hall of Gooty and P.W.1, was told about the same. On the same day the three daughters of A1 were assaulted in Brahmanapalli in their hose for which one of them, namely, Bhagyalakshmamma lodged a complaint against P.W. 1, D3 and his another brother. On that complaint a case was registered and a week later P.W.1, his brother Suryanarayana and D3 were arrested and subsequently released on bail. After assault on his daughters, A1 along with A2 left Brahmanapalli and started living in Gooty. (d) A month later - on October 21, 1982 to be precise - P.W. 1, P.W. 2 and the three deceased went to Gooty to meet their Advocate. On their way back they were arrested under Section 151, Cr. P. C. and Crime No. 102 of 1982 was registered against them. They were produced in Court on the following day, that is, October 22, 1982 and released on bail with a direction to appear on November 2, 1982. To enable them to go to Court on that day together with PW 1, D2 and D3, D1 and PW 2 went to Brahamanpali on November 1, 1982 and stayed for the night there. (e) On the following morning, that is, November 2, 1982 PW 1, PW 2 and the three deceased left for Gooty by bus and got down at the bus station there at 9 a.m. They first went to Durga Vilas, a nearby hotel for tea and then, at or about 10 a.m., left for Court on foot along the National Highway with D1 and D3 little ahead of the other three. When they reached a place near the house of one Subbaratnam, A1 and A2 suddenly emerged from the nearby thorny bushes. While A1 was having a hand bag with him, A2 was armed with a hunting sickle. A1 then took out a country made bomb from the bag and hurled it at D1 which hit him on the back and exploded. A1 hurled two more bombs towards D1 which exploded on his face and he fell down crying. When the first bomb was hurled D3 went running towards them and D2 and P.W. 2 started running towards the north. As soon as they reached the flour mill of one Venkata A3 to A6 came from the side of a kottam, situated near the mill, armed with billhooks. Seeing them P.W. 2 and D2 turned their back and began to run. A3 to A6 chased them along with A1 to A2 who had joined them in the meantime. P.W. 2 and D2 then entered into a lane on the western side of the road where D2 was overtaken by them and dragged towards a log which was lying there. He was then made to lie on his back with his neck resting on the log. A1 and A3 to A6 caught hold of D2 and A2 dealt a blow on his throat with a billhook. A3 to A6 also gave blows on D2 with their billhooks. Seeing this P.W.1 and D3 started running towards the police station. When P.W.1 and D3 were running A7 to A10 appeared there and started chasing P.W. 1 and D3. They ultimately succeeded in apprehending D3 and hacked him to death near a pond. A7 to A10 also tried to attack P.W.1 but he succeeded in escaping and reaching Gooty police station at 10.40 a.m. (f) At the police station P.W. 1 narrated the incident to Lakshman Dass (P.W. 16), the Head Constable, who made an entry (Ex. P.29) thereof in the general diary book (Ext.P.28), P.W. 16, in his turn, conveyed the information to M. G. V. Ramna (P.W. 17), S. I. of Police, Gooty who was at Yadiki to attend a Magisterial enquiry along with R. Ekambaram (P.W. 19), the Circle Inspector of Police, P.Ws.17 and 18 then rushed to Gooty and on the way P.W. 19 got down at the scene of occurrence and asked P.W. 17 to go to the police station. In the meantime, P.W.1 had started preparing a written report of the incident and before he could complete it PW2 had also reached the police station. P.W.1 handed over the report (Ex. P1) to P.W. 17 which was attested by P.W. 2 and on the complaint a case was registered against the ten accused. After registering the case and forwarding a copy thereof to the local Magistrate, P.W. 17 went to the scene of occurrence along with P.Ws.1 and 2. P.W. 19 held inquest over the three dead bodies in presence of P.W.1, P.W.2 and Boya Peddaiah (P.W.3). Thereafter the dead bodies were sent for post-mortem examination. On receipt of reports of post-mortem examination and completion of investigation police submitted chargsheet and in due course the case was committed to the Court of Session.
(3.) To prove its case the prosecution examined 19 witnesses of whom Golla Jalla Chinnappa Reddy (P.W.1), Golla Paramasani Pullaiah (P.W.2). Boya Peddaiah (P.W.3) and Desari Venkataramudu (P.W. 4) figured as eye-witnesses. P.W. 4, however, turned hostile.;