JUDGMENT

Nine accused persons, Punati Ramulu, Nalamala Ramakotayya, Lam Koteswararao, Kancheti Yellamandayya, Nellori Venkateswarlu, Poonati Ramedass, Popuri Govindu, Popuri Ramulu and Cherukuri Danumayya, were tried for offences under Sections 148, and 302 read with 149, IPC by the learned Sessions Judge for the occurrence which took place on 28-3-1991 at about 7.00 or 8.00 a.m. at village Pamidipadu in which one Krishna Rao had been murdered. After recording the evidence of various witnesses including PW I to PW4, the learned Sessions Judge convicted Punati Ramulu (A-1), Nalamala Ramakotayya (A-2), Lam Koteswararao (A-3) and Poonati Ramedass (A-6), Popuri Govindu (A-7) and Popuri Ramulu (A-8) for an offence under Section 148, I.P.C. and sentenced them to suffer rigorous imprisonment for two years. They were also convicted for the offence under Section 302, I.P.C. and sentenced to suffer imprisonment for life. A-4, A-5 and A-9, whose names were not disclosed at the trial as to be present at the time of occurrence by PW 1 to PW 4, were given the benefit of the doubt and acquitted. The convicts A- 1 to A-3 and A-6 to A-8 filed an appeal in the High Court against their conviction and sentence. The State also filed an appeal against the acquittal of A-4, A-5 and A-9. The High Court after appraisal of the evidence and bestowing its deep consideration accepted the appeal filed by the convicts and acquitted A-1 to A-3 and A-6 to A-8 of both the offences. The appeal filed by the State against the acquittal of A-4, A-5 and A-9 was dismissed. Consequently all the accused who had initially been sent up for trial stood acquitted. The State filed two Special Leave Petitions in this Court. One against the judgment acquitting A-1 to A-3 and A-6 to A-8 by the High Court and the other against the judgment dismissing the State appeal against the acquittal of A-4, A-5 and A-9. On 29-4-1985 leave was granted to file the appeal against he acquittal of A-1 to A-3 and A-6 to A-8 who had been acquitted by the High Court, but the Special Leave Petition against the dismissal of the State appeal challenging the acquittal of A-4, A-5 and A-9 was dismissed. It appears that S.L.P. (Cri.) No. 714/84 was also filed by the complainant against the acquittal of A-1 to A-3 and A-6 to A-8 but the same was dismissed as withdrawn since leave had been granted to the State against the judgment acquitting the aforesaid six accused. Criminal Misc. Petition No. 32/ 89 under Section 482, Cr. P. C. was also filed by the wife of the deceased to be impleaded as a party and to be granted an opportunity at the time of hearing. Vide order dated 5-1-89 the said application was also dismissed.

2. We have heard learned counsel for the parties and examined the record with their assistance.

3. In our opinion, the reasons recorded by the High Court for recording acquittal of the respondents is based on proper appreciation of evidence. The findings are not only supported by proper appreciation of the evidence but are also reasonable and sound. Thanks to the tainted investigation, the murder of Krishna Rao goes unpunished. But we must hasten to add that since the defence has been able to successfully challenge the bona fides of the police investigation, it has detracted materially from the reliability of the other evidence led by the prosecution also.

4. The case as put forward by the prosecution was that PW 1 went to Narasaraopet from the scene of the occurrence. He contacted PW 13 to draft the report addressed to the Circle Inspector of Police. PW 1 was projected by the prosecution as an eye-witness who is the nephew of the deceased and had accompanied the deceased when the latter went to realise debts from the villagers. On reaching the police station at Narasaraopet he was informed by the constable on duty that the Circle Inspector, PW 22, had already received information about the occurrence and had left for the village. The police constable at the police station refused to record