KARNAM RAM NARSAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Seventeen accused persons were tried by the Second Addl. Sessions Judge, Nalgonda in the State of Andhra Pradesh for various offences under Ss. 148, 302 read with Ss. 34, 307, 324 read with S. 149 of the Indian Penal Code (for short 'the IPC') and Ss. 3 and 5 of the Explosive Substances Act. The Sessions Judge convicted five of the accused persons, namely A1 to A4 and A9. These convicted persons preferred an appeal before the High Court and the High Court was pleased to acquit A2 and A9 and the 1st, 3rd and 4th accused were convicted for the offence of murder punishable under S. 302 read with S. 34 of the IPC. Their convictions and sentences are challenged before us.

(2.) The incident happened on 21-11-1995 at about 6.30 p.m. The deceased-Sunkari Lingaiah and the accused persons were residents of Bakkaiahgudem village. All the accused persons belonged to one political party and the deceased belonged to another political party. It seems that there was some election to the post of office-bearers of a local co-operative society and the disputes arose on account of this. The deceased, along with P.Ws. 1, 2 and 3 were proceeding to their agricultural field for irrigating the crop. The accused were waiting near a temple and when P.Ws. 1 and 2 reached near the accused the first accused hurled a bomb and it exploded. Thereafter A1 to A4, who were armed with sticks started beating the deceased. It was alleged that A2 beat the deceased on his left eye, A3 beat on the back and left side of the chest and A2 beat with a stone on the head and A4 also beat the deceased. P.Ws. 3 to 5 tried to rescue P.Ws. 1 and 3 and the deceased but they were also beaten. Hearing the noises, the mother of the deceased, wife and sister and some others came to the scene of occurrence and then all the accused left the scene. P.W. 1 at about 9.45 a.m. went to the Nereducherla Police Station and gave statement before P.W. 15, the Head Constable. The injured while being taken to the hospital died on the way.

(3.) P.W. 16, Circle Inspector of Police, Huzurnagar conducted the investigation and he filed a final report against A1 to A2. P.Ws. 1 to 16 were examined by the prosecution and Exs. P1 to P32 and M.Os. 1 to 15 were got marked. However, Ex. P.W. 1 was not found guilty.