Judgement

JAGANNADHADAS J.: This is an appeal by special leave against the judgment of the High Court of Hyderabad confirming the conviction under S. 302 of the Indian Penal Code and the death sentence of the appellant for having committed the murder of one Rami Reddy. He was also convicted under S. 307, Indian Penal Code for having attempted to murder P. W. 2, Venkata Reddy, and sentenced to seven years rigorous imprisonment.

He has been charged and tried for having committed and the said offences on the night of the 27th January, 1949, in a village called Alwal, Taluq Miryalguda, Nalgonda District. The case for the prosecution is that the appellant and one Narasimha Reddy along with three or four others alleged to be Communists, all dressed in uniform and armed with guns, came in a body to this village on the night of the 27th January, 1949, at about 10 p. m. and first got hold of one Narayana Reddy, abducted him and kept him in the precincts of the village and thereupon proceeded to the house of the deceased Rami Reddy to get hold of him.

The two leaders of the group, i. e., Narasimha Reddy and the appellant, got admission into the house of the deceased and in the neighboring house