KOTHI SUBBARAMAIAH ALIAS BUDDAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Accused 1 to 8, 11,12 and in Sessions Case No. 76/1981 on the file of the Additional Sessions Judge Nellore are the appellants 1 to 10 herein respectively. They along with A9 and A10 were tried for the offence under section 302 and other minor offences of the Indian Penal Code.

(2.) A1 and A3 were tried for the offence under section 302 read with Section 34 I.P.C. for having committed the murder, by causing the death of Nasina Ramanaiah (hereinafter called "the deceased") at about 1 P.M. on 23-4-1981 near the Mahalakshmamma temple of Peddacherukuru village of Nellore taluk within the jurisdiction of Police Station, Nellore Rural. A1 among them was convicted under section 302 I.P.C. and sentenced thereunder to undergo Imprisonment for life, and whereas A3 of them was acquitted of the charge of murder, but was convicted and sentenced under section 324 I. P. C, to undergo rigorous imprisonment for three years for causing simple injury to the deceased. A-1 was further convicted and sentenced under S3ction 324 I.P.C. to undergo rigorous imprisonment for 3 years for causing simple injuries to PW2. A1 was also convicted and sentenced under Section 148 I.P.C to undergo rigorous imprisonment for two years. A3 was also convicted and sentenced under section 148 I.P.C. to undergo rigorous imprisonment for three years, for being a member of an unlawful assembly armed with deadly weapon. A2 was convicted and sentenced under section 148 I.P.C. to undergo rigorous imprisonment for three years, for being the member of an unlawful assembly armed with deadly weapon. A2 was also convicted and sentenced under Section 323 I.P.C. to undergo rigorous imprisonment for one year for causing simple injury to PW.11. A7 was convicted and sentenced under section 323 I.P.C. to undergo rigorous imprisonment for one year for causing simple injuries to PW1 A-8 was convicted and sentenced under Sec. 323 I P C to undergo rigorous imprisonment for one year for causing simple injuries to PW 4. Each of A4 to A8, A11 and A12 were convicted and sentenced under section 147 I. P. C. to undergo rigorous imprisonment for two years for being members of an unlawful assembly. The sentences of imprisonment imposed on A-1 to A3.. A7, A 8 and A 11 under different counts were directed to run concurrently. A9 and A10 were acquitted of the charges framed against them.

(3.) The case of the prosecution shortly stated is as follows:-A1 A2 and A7 are brothers. A3 and A8 are brothers. A10 and A11 are the associates of A1, A4 to A6, A9 and A12 are agnates. A3 and A8 are the sons of A1's sister. There were factions in the village between the Village Munsiff Pattabhi Ram Reddy on one hand and one Palagani Pattabhi Ram Reddy on the other. All the accused belong to the faction of Village Munsiff Pattabhi Ram Reddy and the deceased and the injured prosecution witnesses PWs 1 to 4,8 & 11 who are Gowndlas (tappers) are the followers of Palagan Pattabhi Ram Reddy. The deceased, PWs 3 and 4 are brothers and they were living jointly in the same house. All the accused and the prosecution witnesses PWs 1 to 4,8,9, 11 & 12 are residents of Peddacherukur village. All the accused are Harijans. All the Harijans of the village Peddacherukur village dedicated a he-buffaloe for the purpose of sacrificing it to the Goddess Mathamma of their village. In the course of time the said he-buffaloe became ferocious and started attacking men and cattle of the village About a week prior to 23-4-1981, the said he-buffaloe attacked Vedicherla Sesha Reddy (PW12) and injured his testicles, on account of which he was hospitalised and was under going treatment in a private hospital. The deceased Nasina Ramanaiah PW1 and his brothers Nasina Pedda Munuswamy (PW3) and China Munuswamy (PW4), tied the he-buffaloe in front of the house of the deceased in order to control its dangerous movements and fixed a rope to the nos- trails. On 21 -4-1981, the Harijans of the village went to the house of the deceased and raised adispute with him as to why he put a rope to the nose of the he-buffaloe and thereby made it unfit for sacrifice to the Goddess Mathamma. The deceased and the other villagers assured the Harijans that they would provide another he-bulfaloe, but the Harijans did not agree. During the quarrel the Harijans beat one Kavali Masthanaiah leading to the registration of a case in Cr. No.66/1981 of Nellore Rural Police Station. The accused became very much aggrieved with the deceased, PW1, his brothers(PWs. 1,3 and 4) and also Nasina Venkaiah (PW2) as they were mainly responsible for tying the said he-buffaloe and fixing a rope to its nose and they were waiting for an opportunity to wreak vengeance against them.