- (1.) Six persons, namely, Kovvuri Surya Bhaskara Reddy, Tadi Venkata Reddy, Goluguri Adireddy, Kovvuri Surreddy alias Suryanarayana Reddy, Kovvuri Subbareddy and Sathi Satyanarayana Reddy (hereinafter referred to as A1to A6 reepectively)were indicted before the Sessions Judge, East Godavary Division at Rajahmundry for rioting, murder and other cognate offences. The trial ended in conviction of all of them under Ss. 148 and 302, IPC (simpliciter). Besides, A1 to A4 were convicted under S. 307, IPC and A5 and A6 under S. 307/149, IPC. In appeals preferred by them the High Court set aside the convictions of A4 to A6 and acquitted them. As regards others, the High Court set aside their conviction under S. 148, IPC and altered the conviction of A1 and A2 under S. 302, IPC (simpliciter) to 302/34, IPC conviction of A1 under S. 307, IPC to 326, IPC and conviction of A2 and A3 under S. 307, IPC to 324, IPC. Assailing the judgment of the High Court A1 and A2 jointly filed one of these appeals (Criminal Appeal No. 343 of 1997) and the State of Andhra Pradesh in its turn, filed the other two appeals (Criminal Appeal Nos. 336-337 of 1997) against the acquittal of A3 to A6 of the offences for which they were convicted by the trial Court. During pendency of these appeals A2 died and his appeal, therefore, stands abated. All the appeals have been heard together and this judgment will dispose of them.
(2.) Briefly stated, the prosecution case is as follows :- (a) A1 to A6 are related to each other as also to P.W. 1 (Kovvuri Srinivasa Reddi) and P.W. 6 (Kovvuri Suryanarayana Reddi), the two sons of Buchi Reddi (the deceased). While A1 is the nephew of P.Ws. 1 and 6, A2 is related to A1 through his wife. A4 is the brother of the deceased and A5 and A6 are the son and brother-in-law of A4 respectively. They are all residents of Machavaram. Since before the year 1984 there were disputes and differences between the two families over properties and a civil suit had been filed by A4 against Buchi Reddi over the right of passage of water through their land. A1 to A6 also entertained a grudge against P.W. 1 as, according to them, father of Buchi Reddi had given him more properties than was due in his share. (b) In the morning of July 31, 1992 P.W. 1 accompanied by two day labourers, namely, P.W. 3 (Sabbella Surreddi) and P.W. 4 (Tadi Satyanarayana Reddi) went to their plantain garden, which was in front of their cattle shed, for weeding. While they were in the field Buchi Reddi came there at or about 4-30 p.m. to tend the cattle. A little later A1 to A6 came there armed with various weapons like knife, spear and axe. Reaching there A1 hacked Buchi Reddi with a knife. This was followed by an assault on him by A2 to A6 with their respective weapons resulting in his instantaneous death. Seeing the assault P.W. 2 (Subbella Venkata Reddi) who was standing at a little distance started shouting. In the meantime, when P.W. 1 had attempted to run away from the place out of fear, A1 aimed a blow on his head with a knife. When he tried to ward off the blow it landed on his left palm. A2 made a similar attempt with a spear on his neck which also he warded off causing injuries on his thumb and index finger. A3 also hacked him with a battle axe on his left thigh. On being so assaulted he fell down on the adjacent sugar field. Then P.Ws. 3 and 4 ran away from the field as also A1 to A6. (c) P.W. 2 gave first aid to P.W. 1 by tying his Lungi on his left palm and then left for the village to inform P.W. 5 (Tadi Satyanarayana Reddi), father-in-law of P.W. 1. P.W. 5 came there and, having found P.W. 1 groaning and unconscious, went back to the village to fetch a bullock-cart. In that cart P.W. 1 was taken to and admitted in the Government Hospital, Kakinada, where P.W. 10 (Dr. K. Sudhakara Reddy) examined him and attended to his injuries. (d) After regaining consciousness in the following morning P.W. 1 narrated the incident to P.W. 11 (Md. Khasim), Head constable of Kakinada Town Police Station, who was present in the hospital. P.W. 11 reduced the statement in writing (Ext. P-11) and forwarded it to the Officer-in-Charge of Rayavaram police station, within whose jurisdiction the incident had taken place. (e) On receipt of Ext. P-11, P.W. 14 (K. Nookaraju), Head Constable of Rayavaram Police Station registered a case and P.W. 15 (K. Veera Bhadrarao), the Circle Inspector of police took up investigation. He went to the scene of offence at or about 2 p.m. and held inquest over the dead body of Buchi Reddi which was still lying there. He then forwarded the dead body to Government Hospital, Ramchandrapuram for post-mortem examination. (f) P.W. 9 (Dr. D. D. Prasada Rao), Civil Asst. Surgeon of the hospital held the autopsy and found 18 external injuries as also some internal injuries. (g) On completion of investigation P.W. 15 submitted charge-sheet in the case and in due course the case was committed to the Court of Session.
(3.) To prove its case the prosecution examined 15 witnesses of whom P.Ws. 1 to 4 figured as eye-witnesses.;