K.C.BHANU J. - (1.) The State of Andhra Pradesh filed the appeal against the judgment, dated 11.2.2000, in S.C. No.967/ 1994, on the file of the learned E Additional Sessions Judge, Guntur, whereby all the accused were acquitted of the charges levelled against them, challenging the legality and correctness thereof.
(2.) The facts that are necessary for the disposal of the appeal are as follows. Thondepi Village is a faction-ridden village within the limits of Muppala Police Station. There were two groups in the village. Cases and counter-cases were pending between those two groups. There were land disputes between Rayidi Anjaiah-A28 and his father Rayidi Venkatappaiah. One group was supporting A28 and the other group was supporting his father. On 16.3.1993 at about 1.30 p.m., some of the accused in the present case abducted V.Seshagiri Rao, P.W.19, and tried to murder him. But, due to the timely intervention of police, he was caved and admitted in the Government Hospital, Sattenapalli by the police. With regard to that incident, the police registered a case in crime No.5/1993 for offences punishable under Sections 147, 148, 323, 324, 364 and 307 read with Section 149 of the Indian Penal Code against some of the accused in this case. As they were unsuccessful in their attempt to kill Seshagiri Rao, they waylaid at Dammalapadu Donka armed with iron rods, axes, spears, sticks and bombs and formed themselves into an unlawful assembly with a common object of killing the persons belonging to Mallapothu Venkaiah Group. After admitting P.W.19 in the Hospital at Sattenapally, Challa Singaiah and Rachakonda Chanchaiah and P.Ws.1 to 16 and some others in this case were returning to their village in a tractor on the intervening night of 16/ 17.3.1993. The accused attacked Singaiah and Chanchaiah and P.Ws.1 to 16 when they reached a place known as "Dammalapadu Donka". Singaiah succumbed to the injuries at the spot. P.Ws.1 to 10 and Chanchaiah, who sustained injuries, were admitted in the Government Hospital, Sattenapally. Chanchaiah succumbed to the injuries at 4.40 a.m. on 17.3.1993 while undergoing treatment. The hospital authorities sent an intimation to the Additional Munsif Magistrate, Sattenapally, in pursuance of which the learned Magistrate went to the hospital and recorded the statement of PW1 at about the 3.10 a.m., on 17.3.1993 in the presence of the Duty Medical Officer. On receipt of the statement of P.W.1, the Sub-Inspector of Police, Sattenapally, registered a case in crime No.43/1993 for offences under Sections 147, 148, 324, 307 and 302 read with Section 149 IPC and Sections 3 and 5 of the Explosive Substances Act, and transferred the case to 'Muppala Police Station on the point of jurisdiction. On receipt of the copy of the F.I.R., Muppala Police re-registered it as Crime No.6/1993 of their police station for the same sections of law. After receipt of the intimation of the death of Chanchaiah Ex.P30-FIR was sent to Additional Munsif Magistrate, Sattenapally. P.W.29, the Inspector of Police, Muppala, took up investigation. He proceeded to the hospital and recorded the statement of P.W. 1. He examined some of the prosecution witnesses, recorded their statements and seized bloodstained clothes. Thereafter he prepared observation report of the scene of occurrence in the presence of the mediators. He got scene of offence photographed and prepared a rough sketch thereof. He seized certain incriminating articles from the scene of occurrence. Thereafter, he held inquest over the dead of Singaiah (D1) and, after the inquest was over, sent the dead body for post-mortem examination. P.W.26 conducted autopsy over the dead body of Dl and issued post-mortem certificate. He opined that the death of Dl was due to the injuries to his head. P.W.21 examined P.Ws.1 to 10 and issued wound certificates. The accused were arrested on different dates and in pursuance of their confessional statements, some incriminating articles like axes, iron rods etc., were seized. After completion of investigation, P.W.29, the Inspector of Police, filed a charge- sheet.
(3.) The case was then committed to the Court of Sessions at Guntur. Basing on the material available on record, the learned Sessions Judge framed the following charges against the accused. (1) Under Section 148 IPC against A1 to A50. (2) (a) Under Section 302 IPC against A1, A3, A4, A11,A14 to A18. (b) Under Section 302 read with 149 IPC against A21, A22, A24, A25 and A29. (c) Under Section 302 IPC against A23 and A27. (3) Under Section 302 read with 149 IPC against A18 to A20, A34, A36, A37, A42, A44, A47 and A50. (4) Under Section 326 IPC against A2 to A8, A 15, A 19, A 12, A26, A28 and A22 for causing injuries to PW1. (5) Under Section 326 IPC against A1, A32, A33, A25, A38, A39 and A40 for causing injuries to P.W.2. (6) Under Section 307 read with 149 IPC against Al to A8, A10, A31, A33 to A50 for making an attempt on the life of P.W.I. (7) Under Section 307 IPC against A7 for making an attempt on the life of P.W.3, and (8) Under Section 324 read with 149 IPC against Al to A8, A10, A31, A33 to A50 for causing injury to P.W. 2.;