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 of his brother, P. W. 1, by threatening the inmates and searched for the deceased and got hold of him from the terrace of the house of P. W. 1. where he was hiding. Meanwhile one Venkata Reddy, P. W. 2., a relation of one of the leaders of the group, Narasimha Reddy, came on the scene having been sent for by the deceased when he found that the appellant and his associates were after him.

The appellant and Narasimha Reddy got hold of this P. W. 2., also and both of them were taken hand-in-hand by them towards the east of the house of the deceased. P. W. 1 as well as his mother, and P. W. 7, a brother of the deceased also accompanied them. While so proceeding they passed in front of the house of one Lachayya, from where the wife and two brothers of the previously abducted Narayana Reddy, viz., Narasamma P. W. 5; Govinda Reddy, P. W. 6; and Pratap Reddy, P. W. 4, were coming out.

Pratap Reddy and Govinda Reddy were interrogated by the appellant and his associate, Narasimha Reddy, and thereupon the appellant ordered Narasimha Reddy to fire. Narasimha Reddy in response thereto fired at the deceased Rami Reddy as well as at P. W. 2, Venkata Reddy. Rami Reddy died on the spot. Venkata Reddy escaped with a gunshot wound into the house of Lachayya. There after the party left the village.

None in the village stirred out of their houses that night. The dead body of Rami Reddy as well as that of the previously abducted person, Narayana Reddy, were found in the village next morning at about 5 A. M. The police came on the scene immediately and post-mortem examination and inquest were held. This was on the 28th January, 1949. First information report for the murder of these two persons was filed showing as the accused Narasimha Reddy and Adi Reddy, leaders, along with 150 Communist persons".

Investigation followed and a chargesheet dated the 17th March, 1949, was submitted by P. W.3, Inspector of Police. Meanwhile accused Narasimha Reddy died and the present appellant absconded. For some reason which does not appear clearly on the record, the committal proceedings were taken only in the year 1952. The appellant was committed to the Court of Sessions by order of the Munsif-Magistrate, Miryalguda, dated the 20th October, 1952.

2. There can be no doubt that the deceased Rami Reddy of village Alwal died on the night of the 27th January, 1949, as a result of gun-shot wounds. This is shown by the inquest report and by the evidence of the Medical Officer who conducted the post-mortem examination. (His evidence in the committing Magistrate s Court has been marked as Ex. 3). This indeed is not disputed. Learned counsel for the appellant does not also dispute that there was a raid on this village that night by a party of Communists armed with guns.

His main argument is that what