Ramesh Madhav Bapat, J. - (1.) Accused No.1 in Sessions Case No. 110 of 1994, which was decided by the First Additional Metropolitan Sessions Judge, Visakhapatnam, is the appellant herein. The accused-appellant herein and six others were tried for the following charges. The first charge against A1 to A7 was under Section 148 IPC for committing the offence of rioting and causing the death of one Pallanti Siva Ramakrishna Prasad. The learned Judge acquitted all the accused of the said charge. The second charge against A1 to A7 was under Section 302 read with Section 149 IPC. The appellant was convicted for an offence punishable under Section 302 IPC simplicitor and was sentenced to suffer imprisonment for life and also to pay fine of Rs.5000.00 in default to suffer rigorous imprisonment for two months. The third charge against A1 to A7 was under Section 324 read with Section 149 IPC for causing hurt to PWs.1 and 2. A2 A4 and A7 were convicted and sentenced to suffer rigorous imprisonment for three years 15 days and to pay a fine of Rs.500.00 each in default to suffer imprisonment for 15 days. The 4th charge against A1 to A7 was under Section 109 read with section 149 IPC for abetting the commission of murder of the deceased and causing hurt to PWs. 1 and
(2.) The learned Judge acquitted the accused of the said charge. Initially A1 to A7 and one Ramakrishna Reddy (A8) were shown as accused but A8 was discharged by the Sessions Court in Crl. M.P. No. 407 of 1997 dated 1-12-1997.2. The prosecution story can briefly be narrated as follows: That A1 to A7 are the followers of one Mondi Ramakrishna Reddy. A2 and A3 are brothers. A4 is the maternal uncle of A2 and A3. PW1 is the father of the deceased and PW2 is the younger brother of the deceased.
(3.) It is further stated by the prosecution that A1 to A3 and A5 to A7 used to play cricket in Adarsh nagar playground for practice. 15 days prior to the incident, there was an altercation on the play ground. Five days thereafter A1, A2, A3, A5 and A7 beat the deceased in the presence of PW1. It is further stated that five days prior to the incident, Al, A3, A4, A5 and A7 informed PW1 that an altercation took place on the cricket playground and in that connection PW2 did not tender apology to them and they further informed that an amount of Rs.300.00, which was imposed by way of fine, was not paid by PW2 and therefore they, are threatened to beat PW2.;