KUNDAVARAPU KONDAIAH ERRA KONDAIAH Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-1992-12-46
HIGH COURT OF ANDHRA PRADESH
Decided on December 22,1992

KUNDAVARAPU KONDAIAH ERRA KONDAIAH Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents


Referred Judgements :-

LAKSHMI SINGH VS. STATE OF BIHAR [REFERRED TO]


JUDGEMENT

M.N.Rao, J. - (1.)This appeal filed by A-1 to A5 and A-7 to A-9 is from the judgment of the learned Additional Sessions Judge, Vijayawada in Sessions Case No. 5 of 1987 dated 8/10/1991. A-1 to A-5 and A-7 to A-9 are the appellants herein. Originally, eighteen accused were tried by the learned Judge on nineteen charges. A-1, A-2, A-5, A-8 and A-9 were convicted for the offence under Section 302 read with 34 of the Indian Penal Code and each of them was sentenced to life imprisonment. A-3 and A-7 were found guilty in respect of charges 1, 4, 6 and 7 and each of them was sentenced to a term of four years rigorous imprisonment besides lesser convictions for other charges; A-4 was convicted for the offence under Section 324 of the Indian Penal Code and sentenced to one year rigorous imprisonment and a fine of Rs. 500/-, in default two months simple imprisonment. A-7 and A-8 were convicted in respect of charge No. 13 for the offence under Section 324 of the Indian Penal Code and each of them was sentenced to a term of one year rigorous imprisonment and a fine of Rs. 500/- in default simple imprisonment for a term of two months. A-1 to A-5 and A-7 to A-9 were found guilty for the offence under Section i48 of the Indian Penal Code and each of them was sentenced to two years rigorous imprisonment and a fine of Rs. 500/-, in default simple imprisonment for two months. In respect of all the other charges, the accused were acquitted.
(2.)In the village of Anumanchipalli within the jurisdiction of Jaggayyapet police station in Krishna District there are two powerful caste groups, one of Kammas and the other of Kapus. The deceased, Yanala Venkateswara Rao, was the leader of the Kamma community. There are twenty houses of Kammas in the village and the Kapus houses are about seventy. The version of the prosecution is that on 14.1.1986 at about 10.30 a.m., near the house of one Meesala Ramaiah, father of A-5, all the accused formed themselves into an unlawful assembly and caused the death of the deceased Yanala Venkateswara Rao and during the course of the same transaction, they also caused injuries to P.Ws. 1 to 3, 6, 7 and the son of P.W. 8. The accused are closely inter-related. Except A-11 and A-12 who are Harijans by caste, the rest of the accused are Kapus. A-1 is the father of A-7, A-4 is the father of A-8, A-5 is the brother-in-law of A-b, A-9 is the nephew of A-17 (brothers son), A-16 is the nephew of A-15 (brother's son) and A-3 is the sister's son of A-2. A-1 and A-2 are said to be the leaders of Kapus in the village. A-1 was Upa-Sarpanch of the Gram Panchayat. P.W. 1 is the son of the deceased Yanala Venkateswara Rao and P.W. 9 is the wife of the deceased. In the elections held to Lok Sabha the deceased worked for the Congress Party while the accused supported the Telegu Desam Party. At the time of the polling, there was some disturbance at the polling booth involving the two groups. At the time of the Jatara in the village there was also a dispute between the two groups on the question of the order of priority in making offerings to the deity and in that connection, an alteraction took place. On the Sankranthi day i.e., 14.1.1986, the date of incident, the deceased accompanied by his son P.W. 1 went to his lemon garden in the morning. P.W. 2 owns a lemon garden by the side of the garden of the deceased and P.W. 3 went to the garden for the purpose of fixing wages for digging pits around the plants. The deceased and P.Ws. 1, 2 and 3 were returning home from the lemon garden after completing their work. When they came near the house of Meesala Ramaiah (father of A-5). it is alleged that all the accused rushed towards them from the house of Meesala Ramaiah shouting Yanalodu is coming, do not leave him today, kill him. A-1 and A-2 dealt blows with axes on the head of the deceased. A-3, with a crowbar, dealt a blow on the left leg of the deceased. A -4 beat the deceased with an axe on the left eyebrow and A-5, with an axe, dealt a blow on the head. A-6 beat the deceased with a hand-hoe (DokuduPara). A-7 dealt a blow with a crowbar on the left hand of the deceased. A-8 hit the deceased on the head and on the left hand with a crowbar. An axe blow was dealt by A- 9 on the head of the deceased. Thereafter A-b to A-18 indiscriminately caused injuries to the deceased after he had fallen down with crowbars, sticks and axes. P.W. 1 went to the rescue of his father and he was beaten with an axe by A-2. P.W. 2 when intervened was hit by A-1 with an axe on the nose; A-3 hit him on the left eyebrow with a crowbar and A-7 dealt a blow with a crowbar on the lower portion of the left cheek. P.W. 3 also sustained injuries when he intervened; A-7 and A-8 beat him with crowbars on the head. P.W. 4 Inturi Pushpalatha on seeing the incident rushed to the spot but she was pulled aside by A-2 who abused her why she came there. P.W. 6 was returning at that time from the rice mill of one Oruganti Venkateshwara Rao. He witnessed the attack on the deceased and others but when he intervened he was also beaten by some persons belonging to the accused group. P.W. 7 also was alleged to have been beaten by some of the accused but at the trial he did not support the prosecution and so, he was declared hostile. P.W. 8 and his son were returning home from the fields about the time when the incident was happening P.W. 8 had witnesses the incident but being afraid he ran away from the scene and when they were fleeing, someone hurled stone which hit his son. After the beating was over it was alleged that the accused party placed carts across the road, blocked the traffic and started pelting stones. P.W. 10 who came there in a tractor had to stop it. Because of the obstruction and pelting of stones which went on for about 21/2 to 3 hours people were prevented from going near the deceased. After that, all the accused left the scene. P.W. 10 removed the carts placed across the road and found the deceased Yanala Venkateswara Rao in a pool of blood in front of the house of Meesala Ramaiah. P.Ws. 3, 4 and others also were there. By then, Yanala Venkateswara Rao was alive. Alongwith P.Ws. 1 and 9, the injured Yanala Venkateswara Rao was taken to the police station.
(3.)On the same day at about 2.15 p.m. A-8, Nandanamudi Bhaskara Rao, went to the police station, Jaggayyapet, with injuries and informed the Sub-Inspector, P.W. 16, that he was beaten with sticks by the deceased and others. His statement was recorded by the Sub-Inspector and an entry was made in the General Diary, Ex. D-80, and he was sent with a memo to the hospital for treatment. The Sub-Inspector started to go to the village Anumanchipalli and when he was proceeding, he saw the deceased being brought in a tractor by P.Ws. 1 and 9. At about 3.00 p.m., they came to the police stationT and when the Sub-Inspector tried to record the statement of Yanala Venkateswara Rao, he found him in an unconscious condition. He, therefore, immediately sent Yanala Venkateswara Rao with a memo to the hospital for treatment. P.Ws. 1 and 9 accompanied Yanala Venkateswara Rao to the hospital. At about 3.30 p.m., P.W. 1 returned to the police station from the hospital and presented a written report Ex. P-1 which was registered as Cr. No.7 of the 1986 by P.W. 16, Sub-Inspector under Section 147, 148, 149, 341 and 307 of the Indian Penal Code. Ex. P-34 is the first information report sent to the Court of Judicial First Class Magistrate. P.W. 14 the Deputy Civil Surgeon, Government Hospital, JaggayyaPet, examined Yanala Venkateswara Rao at 4.20 p.m., and found him to be conscious and answering questions. Ex P - 26 is the entry in the accident register relating to the deceased. At about 5.00 p.m., the deceased succumbed to the injuries. Between 3.30 p.m., and 6.00 p.m., on that day, the doctor, P.W. 14, examined P.Ws. 1, 2, 3, 6, 7, one Gamini Naray anamma, mother-in-law of A-1 and one Kundavarapu Laxmamma, wife of A-1 and issued wound certificates mentioning the nature of the injuries sustained by them. P.W. 16 after registering the crime visited the scene of offence at the village and returned to the police station at 17.30 hours. The intimation as regards the death of Yanahi Venkateswara Rao was received by him at 17.35 hours - Ex. P-35 is the intimation from the hospital. He then altered the section in the first information report by adding Section 302; Ex. P-36 is the altered first information report. The Inspector of Police, Nandigama, P.W. 17, on the same day at 17.35 hours received a telephone message from the Sub-Inspector, P.W .16, about the commission of a murder in Anumanchipalli village. He then proceeded to Jaggayyapet, reached the place at about 18.15 hours, went to the hospital, examined P.Ws. 1 to 5, 7, 9 and others and recorded their statements. One the next morning he went to the village and prepared the observation report of the scene, Ex. P-4 and a rough sketch Ex. P- 38. After returning to Jaggayyapet he held inquest over the dead body from 8.00 a.m. to 11.30 a.m., in the presence of P.Ws. 12 and 15. Ex. P-3 is the inquest report. On the next day i.e., 15.1.1986 at 11.45 a.m., the Deputy Civil Surgeon, P.W. 14, conducted post-mortem examination on the dead body of the deceased; Ex. P-33 is the post-mortem certificate. In the opinion of the doctor the deceased would appear to have died of shock and haemorrhage due to lacerated multiple injuries to the head and fracture of frontal bone, both bones of left leg, left ulna, both bones of right forearm and meta corpal bones of left and right hands. On 20.1.1986 the Inspector of Police arrested A-1, A-3, A-4, A-8, A-10, A-17 and A-18 and pursuant to the statements said to have been made by A-1, A-3, A-4 and A-8 Exs; P-5 to 8-recoveries of M.O. i axe, M.O. 5 crowbar, M.O. 2 axe and M.O. 6 crowbar were effected and the same were seized under Exs. P-10 to P-13. On 6.2.1986 A-6, A-7, A-9, A13, A-14, A-15 and A-16 were arrested. Exs. Pi5 to P-17 are the statements alleged to have been made by A-6, A-7 and A-9, pursuant to which M.O. 8, hand-hoe (Dokudu Para), M.O. 7, crowbar and M.O. 3, knife were recovered at their instance under Exs. P-18 to P-20. A-2 and A-12 surrendered in the Court of Judicial First Class Magistrate, Jaggayyapet, on 7/2/1986. A-2 and A-12 are alleged to have made statements Exs. P-22 and P-21, pursuant to which M.O. 4 axe and M.O. 9 stick were recovered under Exs. P-24 and P-25.
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