M. NAGESWARA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned common judgment and order dtd. 21/2/2018 passed by the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh in Criminal Appeal No. 611/2011 and Criminal Appeal No. 659/2011, by which the High Court has allowed Criminal Appeal No. 611/2011 preferred by original accused Nos. 1 to 3 (respondent Nos. 2 to 4 herein in Criminal Appeal No. 72 of 2022) and has acquitted original accused Nos. 1 to 3 and by which the High Court has dismissed Criminal Appeal No. 659/2011 preferred by the original complainant - appellant in Criminal Appeal No. 73/2022, challenging the judgment and order passed by the learned trial Court acquitting the rest of the accused, i.e., accused Nos. 4 to 11, the original complainant has preferred the present appeals bearing Criminal Appeal Nos. 72-73/2022.

(2.) As per the case of the prosecution, on 18/1/2007 at about 8:30 p.m., all the accused formed an unlawful assembly armed with hunting sickles, came from behind the sumo vehicle and surrounded it near Dr. Kabir Clinic at Gayithri Estate, Kurnool, in which the deceased Rajasekhar Reddy and his brother M. Nageswara Reddy (PW1) and other supporters Shaik Akbar Basha (PW3), P. Sekhar (PW7) and S. Venkagamuni (PW8) were travelling, and S. Rajesh (PW6) was the driver. Accused Nos. 1 to 3 forcibly opened front left side door and dragged out the deceased by saying that "Ee Naqkodukulaganni Narakandir Raa" and immediately hacked him with hunting sickles indiscriminately while Accused Nos. 8 to 11 hit the glass windows of the sumo vehicle with hunting sickles and broke the glasses. Accused Nos. 9 and 11 hacked the driver Rajesh (PW6) and he sustained bleeding injuries on his right shoulder, hand and side ribs, while Accused Nos. 4 to 7 chased PW1, PW3, PW7 & PW8 and when they were fleeing injuries were caused to PW7 and later all they fled away. The deceased Rajasekhar Reddy died on the spot whereas PW6 & PW7 were taken to Government General Hospital, Kurnool. On the report of LW1 (Nageswara Reddy) a case being Crime No. 7 of 2007 was registered against the accused for the abovesaid offences.

(3.) Feeling aggrieved and dissatisfied with the judgment and order of conviction and sentence passed by the learned trial Court, Accused Nos. 1 to 3 preferred Criminal Appeal No. 611/2011 before the High Court. The complainant also preferred Criminal Appeal No. 659/2011 before the High Court against acquittal of the rest of the accused, i.e., Accused Nos. 4 to 11.