Decided on January 18,2008



- (1.)ACCUSED Nos. 1 to 6 in S. C. No. 151 of 2000 on the file of the V Additional District and sessions Judge (Fast Track Court), Ongole, are the appellants. They were tried for the offences under Sections 148 and 302 IPC, alleging that they committed the murder of one Yeramala Srinivasa Reddy, at about 4:30 p. m. on 19. 6. 1998, at Ongole. Through its judgment dated 2. 11. 2005, the trial Court found the accused guilty, and convicted them of the offences, referred to above. Sentence of imprisonment for life, and fine of rs. 1,000/- each; in default to undergo simple imprisonment for three months, was imposed for the offence under Section 302 IPC. In addition, the accused were sentenced to undergo rigorous imprisonment one year for the offence under Section 148 IPC. Both the sentences were directed to run concurrently. This appeal is filed by the accused.
(2.)THE wife of the deceased, yeramala Srinivasa Reddy, who was examined as PW. l, submitted a complaint on 19. 6. 1998, marked as Ex. P. l in the ongole Taluk Police Station. She stated that her husband had friendly relationship with one Mr. Kattari Krishna, and the followers of "mr. Gidde", a rival of Kattari krishna, had developed grudge against her husband. A quarrel was said to have taken place 10 days prior to that date, between one Mr. Sreenu and Petrol Bunk Prasad (A2), and the former had sought the help of her husband, about one week prior to the date of incident. The deceased is said to have had a quarrel with A2, in support of sreenu, and that skirmishes were going on, ever since then. Al to A5 were said to have hatched plans, to kill the husband of pw. l, and accordingly, on 19. 6. 1998, at about 4:00 p. m. , when herself, deceased and the relatives are watching T. V. , a young boy came and informed the deceased, that Al and A2 were calling him, and thereupon, the deceased was said to have gone out wearing a lungi. Suspecting foul play, PW. l is said to have gone out, and she is said to have seen the persons, named above, chasing her husband after altercation, on the road opposite to Rayi venkata Subbaiah at 4:30 p. m. She complained that A2 hurled bombs against her husband, and rest of the persons, named above, hacked him to death, with axes and knives. On hearing her cries, her senior-mother-in-law and some others were said to have came out of the house, and that when all of them have raised cries, the accused have fled away.
(3.)ON receipt of the complaint, the sub-Inspector of Police, PW. l2, registered f. I. R. , and informed the same to the C. I. of police, PW. l5. The latter took up further investigation and brought the inquest of the dead body, marked as Ex. P. 4. On the next day, post-mortem of the dead body was conducted, and the report thereof is ex. P9. Subsequently, the accused were arrested and charges were framed. All the accused pleaded not guilty. They were convicted and sentenced. Hence, the appeal.

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