Nanavati, J. - (1.) These three appeals arise out of the judgment and order passed by the High Court of Andhra Pradesh in Criminal Appeal No. 933 of 1989. As they have arisen out of the same judgment, they were heard together and are disposed of by this common judgment. Criminal Appeal No. 411 of 1991 is filed by original accused Nos. 4 and 6 who were convicted under Ss. 148, 452 and 302 read with 149, IPC along with accused Nos. 1 to 6, 7 to 10 and 13 and whose convictions and order of sentence have been confirmed by the High Court. Criminal Appeal No. 412 of 1991 is filed by original accused Nos. 8 and 10 whose conviction under S. 324, IPC only is confirmed by the High Court. Criminal Appeal No. 413 of 1991 is filed by the State as accused Nos. 1 to 3, 7 to 10 and 13 came to be acquitted by the High Court for the offences punishable under Ss. 148, 302 read with 149 and 452 read with 149, IPC.
(2.) In all 14 accused were tried for committing murder of one Veerabhadram of Kamanchikal Village and causing hurt to his wife Saraswati, in the Court of the Sessions Judge Khammam, in Sessions Case No. 121 of 1988. It was the prosecution case that Village Kamanchikal is divided into two political factions. Veerabhadram belonged to the Communist Party of India and the accused belonged to the opposite faction CPI (M) and TDP. There were previous clashes between the two factions which had led to filing of criminal cases and posting of a police party in that village. On 20-9-1987 at about 6 a.m. there was an attempt on the life of one P. Anantharamulu alias Babu, brother of accused No. 1 and a member of the CPI (M) on the outskirts of that village but towards adjoining village Ramannapet. As a retaliatory measure A-1 along with A-2 to A-14 who belonged to CPI and TDP formed themselves into an unlawful assembly, the common object of which was to cause death of Veerabhadram (hereinafter referred to as the deceased). Thereafter they went to the hut of the deceased armed with axes, knives, spears and sticks at about 7 a.m. Seeing this mob of the accused two daughters of the deceased who were sitting outside the hut alerted him. So he immediately bolted the door from inside. After reaching there, A-1, A-2, A-4, A-6 and A-8 broke open the door and went inside the hut while others remained waiting outside in the courtyard. The accused after entering the hut said that their party man was attacked and thereafter they by dragging the deceased took him out of the hut in the courtyard. All the accused then started beating the deceased. When Saraswati P.W. 1 wife of the deceased tried to intervene she was beaten by the stick portion of their spears by A-8 and A-10. When P.W. 3 Venkatalaxmi and other minor daughter Vijaya tried to save their father they were pushed away by A-1. When Venkatakrishnan P.W. 2 and Aluri Raja P.W. 5 pleaded for mercy and tried to intervene they were threatened with serious consequences. All the accused thereafter left that place believing that the deceased had died. At about 6-40 a.m. Prabhakar Rao, (PW. 20) who was Sub-Inspector of Police and Incharge of Khammam Police Station, had received information regarding assault on Anantheramulu and the tense situation in the village. So he went to Ramannapet and reached there at about 6-45 a.m. He saw injured Anantheramulu being taken in an autorickshaw. So he directed them to take him to the Government hospital. He also came to know about the assault on the deceased. So he proceeded to village Kamanchikal reached the hut of the deceased at about 7 a.m. As he found that the condition of the deceased was serious he immediately arranged a rickshaw and sent him to the Government hospital at Khammam. He recorded his statement (Exh. P. 7) in the hospital at about 9 a.m. As the condition of the deceased continued to be serious his dying declaration (Exh. P. 5) was also recorded by the Munsif-Magistrate of Khammam at 10 a.m. The deceased died at about 10-45 a.m.
(3.) All the accused were accordingly tried for commission of the offences punishable under Ss. 147, 148, 452, 302 read with 149, IPC. Accused A-8 and A-10 were additionally charged and tried for the offence punishable under S. 324, IPC. In order to prove its case the prosecution relied upon the two dying declarations Exhs. P. 5 and P. 7 made by the deceased and the evidence of eye-witnesses P.W. 1 Saraswati, P.W. 2 Venkatakrishnan, P.W. 3 Venkatalaxmi, P.W. 5 Aluri Raja and P.W. 6 Rama Rao. The learned trial Judge found both the dying declarations Exh. P. 7 and P. 5 reliable and sufficient for the purpose of believing the presence of the accused and the role played by them. He also found the evidence of PWs. 1, 2, 3 and 5 as consistent and reliable as it did not suffer from any infirmity and their presence was natural at the scene of the offence at that time. Though the witnesses belonged to a rival faction they had no personal enmity with any of the accused; and, therefore, the learned Judge thought it safe to accept their evidence. Accordingly he believed the presence of all the accused and their participation in commission of the offence. However, by way of extra caution he gave benefit of doubt to A-5, A-11, A-12 and A-14 and acquitted them as no specific overt acts were attributed to them. He convicted A-1 to A-4, A-6 to A-10 and A-13 for the offences punishable under Ss. 148, 452 and 302 read with 149, IPC. He also convicted A-8 and A-10 under S. 324, IPC. For the offence punishable under S. 324 A-8 and A-10 were sentenced to suffer R.I. for six months.;