Decided on September 07,1955

STATE Respondents

Cited Judgements :-



Chandra Reddy, J. - (1.)The appellants are accused 1, 2, 4, 5 and 6. They along with 16 others were arraigned before the Sessions Judge, Nellore, on charges of rioting, murder and hurt in respect of an incident that took place, on the 27th of July, 1954, at about 5 P.M., in the Harijan quarters of Burlavaripalem. In the course of this rioting one Narasayya was fatally wounded and P.W. 1 had received seme minor injuries while A-2 and A-10 also sustained some injuries. For over a year before the occurrence, there were factions between the Harijans of Burlavaripalem of Gudur taluk, Nellore District and those of the neighbouring village, Balireddipalem, the leaders of the first party being the 1st and 12th accused and one Subba- ramireddy the borther-in-law of P.W. 8 the Village Mansif of Burlavaripalem being the leader of the other. A few Harijan families of Burlavaripalem who had affiliations in the other village refused to join the faction headed by A-1 amongst whom was the deceased, P.Ws. 5 and 7. It is alleged that the 1st accused and the I2th accused resented this and tried every means to bring them into their fold by victimising those who were not amenable, to their influence, such as the extortion of a promissory note on the 12th of August, 1953, by A-1 and A-I2 from the deceased. The promissory note was executed in favour of A-1 for a sum of Rs. 200 and this did not have the desired effect.
(2.)It is the prosecution case that on the morning of 27th July, 1954, a number of persons led by A-1 and A-12 went to the field of P.W. 7 and began to uproot the gingili crop thereon. When P.W. 7 and the deceased went to the field as usual and found mischief being committed, they protested. Inspite of this, the miscreants proceeded with the destruction of the crop. P.W. 7 and the deceased returned home and after food they went to the Police Station at Kota and reported the matter to P.W. 10 the Station Writer who was then in charge of the Station. After this, they both returned home and the deceased was sitting on a pial in front of his house. Shortly thereafter, all the accused numbering 21 came in a body, A-1 and A-12 unarmed. A-2 and A-5 armed with pestles, A-7 and A-9 with kathuvas and the rest with sticks. Seeing this hostile crowd, the deceased and P.W. 1 who also happened to be there went inside the house. A-1 instigated the other accused to pull the deceased out of the house and stab him, for reporting against them. Thereupon, the 2nd accused entered the house and beat the deceased with a pes tle on the back of the head while A-5 struck a blow with a similar weapon on the back of the neck. On receipt of the injuries the deceased fell down bleeding. Meanwhile A-4 and A-6 also went in and all the four of them dragged the deceased to a tamarind tree 17 yards from their house. Excepting A-1 and A-12 all the accused kicked the victim and beat him with hands while all the while A-1 and A-12 were saying "kick him ". P.Ws. 1 and 2 the son and wife respectively of the injured man intervened only to be beaten by A-2 and A-5. Immediately P.W. 1 ran to the house of the Village Munsif P.W. 8 and told him of what had happened. P.W. 8 wanted a written report. Within 15 minutes, P.W. 1 returned with one got written by a stranger Exhibit P-1. The Village Munsif went to the scene, found the deceased unconscious under the tree, advised P.W. 1 to take Narasayya to a Local Fund Dispensary at Kota. Narasayya was then taken to the hospital by about 7-25 P.M. Finding his condition serious the doctor sent intimation of it to the police station. On receipt thereof, P.W. 11 (Sub-Inspector of Police) proceeded to the hospital, saw the injured, examined P.Ws. 1 and 2 and the former of them said that it was not necessary for him to make any statement as he had already sent a report through the Village Munsif. Meanwhile P.W. 8 sent reports Exhibits P 11 and P-12 to the Police and the Magistrate based on Exhibit P-1. Exhibit P-11 reached the Police Station about 8-30 P.M. while Exhibit P-12 was received by the Magistrate the next day. At about 9-15 P.M., A-2 and A-10 came to the same station and gave a complaint, Exhibit P-15 with the allegations that these two were attacked by the deceased, P.W. 7 and P.W. 8 and other members of the prosecution party near a field. The Sub-Inspector of Police (P.W. 11) sent them to the Local Fund Dispensary where P.W. 6 found an incised injury on the back of A-2 and a contusion on the right fore arm of A-10. Narasayya died at about 2-30 A.M. on the 28th. Inquest was held on the body of P.W. 11 at the hospital. Subsequently, post-mortem examination was performed by P.W. 6 on the body and it disclosed a lacerated wound size 2 1/2 inches x 2/8 inch and bone deep, en the back and lower parts of the left side of the head, with a swelling of 1 1/2 inches around, situated 24 inches behind the left ear ; and a contusion 4 inches x 2 inches across the back and upper part of the neck with two abrasions of 1/8 inch x 1 1/8 inches long and 2/8 "inch apart. In the opinion of the doctor, the victim died due to compression and laceration of the brain as a result of the injuries. He also examined later in the day P.W. 1 and found a compression on his forehead. The usual investigation followed resulting in all the accused being charge-sheeted on various counts.
(3.)The prosecution relies mainly on the evidence of P.Ws. 1 to 5 to bring home the guilt to the accused. P.W. 1 the son of the deceased, after giving the reasons for the existence of the factions in the village, deposed that at about 5 P.M. the deceased alone returned from Kota where he along with P.W. 7 went to lodge a complaint against the persons who committed mischief earlier in the day in the field. He was sitting on a pial outside the house. All the accused came within five minutes armed with pestles, kathuvas and sticks, A-1 and A-12 alone bei'ng unamed. Seeing this, P.W. 3 Venkatamma pulledx the deceased inside the hou;5e while the witness's mother also pulled him similarly inside the house. The 1st accused then instigated others to pull out Narasayya and stab him for having gone to the Police Station to report against them all. This was followed by the 2nd accused entering the house and beating the deceased on the back of the head with a pestle while A-5 who also went in gave a blow with a pestle on the back of the deceased's neck. The deceased immediately fell down crying out 'Amma'. A-4 and A-6 also came in and all the four of them dragged the deceased outside. At that time, the women relatives of the accused's party snatched their weapons, pnrl so having no weapons with them all the accused surrounded the deceased and began to beat him with hands and feet. The witness followed the deceased as he was being dragged outside the house. Accused 1 and 12 who stood at a distance of five yards were asking the other accused to kick the fallen man. This was being witnessed by P.Ws. 2 to 5. He and his mother intervened and at the instance of A-1 and A-12 they were beaten by accused 2 and 5. He then ran away to the village and informed the Village Munsif of the attack on his father. The Village Munsif asked him to give a written report. He got Exhibit P.1 written by a stranger who happened to pass by and gave it to the Village Munsif. The Village Munsif camt: to the scene. By that' time, all the accused had gone away. The deceased was lying unconscious in the street and on the advice of the Village Munsif the injured man was removed to the hospital at Kota by about sunset time. The victim died the same night without recovering consciousness. P.W. 2 the mother of P.W. I seeks to corroborate him and it is not necessary to repeat the story given by her.

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