Arijit Pasayat, J. - (1.) Challenge in this appeal is to the judgment of a Division Bench of the Andhra Pradesh High court allowing the appeal filed by the State under Section 378(1) and (3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "Present Code") against the judgment of acquittal passed by learned First Additional Sessions Judge, Guntur. There is no necessity to refer to the factual aspects in detail.
(2.) In all, 65 persons faced trial for alleged commission of offences punishable under several sections of the Indian Penal Code, 1860 (in short Rs. IPC).
(3.) Prosecution version as unfolded during trial is as follows: There were in all three murders. The names of the deceased persons were Nallappaneni Sambasiva Rao, Ch. Chinna Koteshwar Rao and Turaka pullaiah. They are hereinafter referred to as D1, D2 and D3 respectively. Out of 36 charges framed, prosecution did not examine witnesses to prove the charges No. 17, 18, 23 and 24. All the accused and PWs 1 to 27 belong to Balausupadu Village within the limits of Peddakurapadu Police Station, Sattenapalli Circle, Guntur District. There are two groups in the village. A1 is the leader of one group and one Irukupatti Abaiah is the leader of another group. There were cases and counter cases between the two groups and security proceedings were initiated against both the groups. A police picket was posted in the village to maintain law and order and peace. On 14.5.1990 in the morning PW-12 was stabbed by A-11 in Harijanwada and the same was registered as Crime No. 38/1990. The prosecution party retaliated by attacking a person by name A. Bharataiya and the said case was registered as Crime No. 37/1990. Due to the said violence, police opened fire. Fortunately, nobody was injured due to the opening of fire, but police themselves sustained injuries as both the groups pelted stones at them. The case was registered as Crime No. 36/1990. While the matter stood thus, at about 12.30 p.m., A-1 along with 200 supports including all the accused mentioned in the charge sheet went to the house of PW-1 and made attacks. This is the main incident on which the trial was conducted. P.W.1 belongs to the opposite group. When P.W.1 was discussing the attack made on P.W.12 in the morning by A11, A1 went to his house and exhorted the other accused to kill and beat. A1 alleged to have inflicted injuries by a spear on P.W.1 on his right thigh and on his back. D1 happened to be the son of P.W.1. He was terribly frightened on seeing the attack on his father. He ran to the upstairs of the house. Then A1 to A4 allegedly chased D1 and attacked him with spears and axes. A2 held D1 tightly and A3 put a towel over the neck of D1 and pulled him down. Then A1 inflicted injuries by a spear on D1 on his right chest. A2 allegedly inflicted injuries by spear below his right thigh. A3 stabbed on the left thigh of D1 and A4 allegedly inflicted injuries by axe on the left leg of D1. While A1 to A4 chased D1, the other accused chased D2 and attacked him in the cattle-shed of one I. Nageshwar Rao, A18 alleged to have hit D2 on the back of his head by an axe. A19 hit him on the left side of his head by a spear. A20 hit him on his back with spear and A21 hit on the back of his shoulder with spear. A22 inflicted injuries on the left side of his chest with spear. A23 speared on his right leg. A28 speared on his left leg. At about the same time, D3 was returning to his house along with his wife, PW.24. When they were nearing the house of PW.1, A18, A20, A21 and A30 to A35 attacked D3. A21 is alleged to have attacked D3 on his right forehead. A18 is alleged to have speared on his left chest. A-20 is alleged to have speared on his left ribs and A-34 is alleged to have axed on his right wrist. It is the further case of the prosecution that A1 to A4 attacked P.W.2. P.W.3 was attacked by A31, A36 to A38. A1 to A4 attacked P.W.4 and caused simple injuries. A9, A26 and A35 attacked P.W.5, A39 attacked P.W.6 and caused simple injuries. A40, A41 and A42 attacked P.W.9 and caused simple injuries. A43 and A44 attacked P.W.8 and caused simple injuries. A33, A44 and A54 attacked P.W.9 and caused simple injuries. A16, A33, A56 to A59 attacked P.W.13 and caused simple injuries. A19, A33, A46 to A54, A60 to A62, A64 and A65 attacked P.W.11 and caused simple injuries. On the same day at about 2 p.m. P.W.1 reported the offence to P.W.30, who happened to be the Head Constable, attached to Peddakurapadu Police Station, who was camping at Balsapadu Village. The report was reduced to writing by P.W.30. Ex.P1 is the said report P.W.30, sent the said report to the Police Station through a Constable, which was received by P.W.33, Sub Inspector of Police, Peddakurapadu Police Station. On the strength of Ex.P1, P.W.33 registered the case in Crime No. 35/1990 against the accused for offences punishable under Sections 147, 148, 324, 307, 448, 447, 427, 379 and 302 read with Section 149 IPC. He sent copies of the FIR to all concerned. He informed the Inspector of Police, P.W.35 who was at Guntur. P.W.35 and 33 reached the scene of offence at about the same time. P.W.35 drafted observation report of the scene of offence Ex.P2. P.W.25 acted as Panch witness to Ex.P2. P.W.35 prepared rough sketch of the scene of offence marked as Ex.P26. He held inquest over the dead body of DI from 7 to 9 p.m. P.W.25 acted as Panch. Ex.P3 is the inquest report in respect of D1. Thereafter he held inquest over the dead body of D2 in the presence of PW.25 who acted as Panch witness. Subsequently, he examined PWs.1 to 5 on the same day. On 15.5.1990, PW.35 examined PWs.10, 14 to 23 and others. On 14.5.1990, the injured and D3 were referred to the Hospital. PW.32, the Head Constable Sattenapally Police Station recorded dying declaration of D3 which is produced on record at Ex.P22, on 14.5.1990 at 9.15 p.m. D3 died in the hospital on 15.5.1990. Death intimation was given to the Police Station which is Ex.P.25. PW.35 visited the Government Hospital, Sattenapally and conducted inquest over dead body of D3 which is Ex.P5. The inquest was conducted in the Hospital in the presence of PW.27. Thereafter, PW.25 recorded the statements of PWs.5 to 9 on 15.5.1990. He examined PW.9 on 16.5.1990. After the inquest was over the dead bodies of D1 to D3 were sent for post mortem examination. Civil Assistant Surgeon, Government Hospital, Sattenapally, (PW.31) conducted post-mortem examination over the dead body of D1 on 15.5, 1990. Ex.P8 is the post mortem certificate issued by him in respect of D1. PW.30 found four injuries on the dead body of D1. On 15.5.1990, Civil Assistant Surgeon, Government Hospital, Sattenapally, (PW.29) conducted autopsy over the dead body of D2. Post mortem certificate issued by him is Ex.P7, Civil Assistant Surgeon, Government Hospital, Sattenapally, (PW.28) conducted post mortem examination over the dead body of D3 and issued Ex.P6 post mortem certificate. PW-31 examined P.Ws 1 to 11 on 14.5.1990 in the night itself and issued wound certificate Exs.P9 to P20 respectively. As per the opinion of the Doctor, the injuries noticed on the prosecution witnesses were simple in nature. But the injuries found on the person of PW.4 were of grievous nature. On completion of investigation PW-33 filed charge sheet. As accused persons abjured guilt trial was held. The trial Court after referring to the evidence of the witnesses produced by the prosecution held that prosecution failed to fasten the guilt on the accused persons. In the States appeal the challenge was to the judgment of acquittal, which was allowed. Out of 65 accused persons, name of A-63 was deleted and A-18 and A-59 died during trial. Therefore, before the High Court there were 62 respondents.;