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2008(3) Supreme 129
SUPREME COURT OF INDIA
(From Andhra Pradesh High Court)
P. P. Naolekar & Lokeshwar Singh Panta, JJ.
Bathula Nagamalleswara Rao & Ors. — Petitioners
versus
State rep. by Public Prosecutor — Respondent
Appeal (crl.) 1097 of 2006
Decided on : 22-04-2008
(1972) 3 SCC 393; 1994 Supp. (2) SCC 372; (1994) 5 SCC 188; (2002) 1 SCC 487; (2004) 9 SCC 193 – Referred.
(b) Criminal trial – Interested witness – Well-settled that mere relationship of the witnesses cannot be the sole basis to discard or disbelieve their evidence if it is otherwise found to be believable and trustworthy – a (Para 29)
(1994) Supp. (2) SCC 372; (2004) 5 SCC 679; (1994) 5 SCC 188; (2006)11 SCC 323; (2006) 10 SCC 163; (2007) 1 SCC 699; (1974) 3 SCC 277; (2002) 3 SCC 76; (2002) 8 SCC 381 – Relied upon .
(c) Criminal Trial – Settled that even if a major portion of the evidence is found to be deficient, in case the residue is sufficient to prove guilt of an accused, conviction can be maintained – The maxim “falsus in uno falsus in omnibus” has no application in India and the witnesses cannot be branded as liars. (Para 34)
(2006) 10 SCC 163 – Relied upon.
Facts of the case :
1. In all 12 accused were charged and tried by Additional Sessions Judge, Guntur, for offences under Sections 148/449/302/302 r/w 149/302 /302 r/w 149 and 427 of the Indian Penal Code for committing murder of two persons namely, Marchavarapu Venkatarao (deceased no.1) and Thalluri Sambasiva Rao (deceased No. 2) in village Uddandarayunipalem.
2. The VII Additional Sessions Judge, Guntur convicted all the accused (except A-3) and sentenced them.
3. The accused filed the appeal under Section 374 Cr.P.C. before the High Court and the High Court confirmed the conviction and sentence imposed upon A-1, A-2, A-10, A-11 and A-12 by the trial court.
Findings of the Court :
Delay in lodging of FIR, if justifiably explained, will not be fatal.
Result : Appeal dismissed.
JUDGMENT
Lokeshwar Singh Panta, J. —
1. Bathula Nagamalleswara Rao, Bathula Laxminarayana, Bathula Seshaiah, Narne Subba Rao and Morakonda Bapa Rao have filed this appeal against the judgment and order dated 10th April, 2006 passed by the Division Bench of the High Court of Judicature, Andhra Pradesh at Hyderabad in Criminal Appeal No. 942 of 2004 confirming their conviction and sentences imposed upon them by the trial court.
2. In all, 12 accused, namely, B. Nagamalleswara Rao (A-1), B. Laxminarayana, (A-2), B. Gopalan, (A-3), B. Subba Rao (A-4), B. Sreenu (A-5), B. Venkateswara Rao (A-6), Jonnalgadda Ramu (A-7), Jonnalagadda Suresh (A-8), B Kotaiah (A-9), B. Seshaiah (A-10), Narne Subba Rao (A-11) and Morakonda Baparao (A-12) were charged and tried by Additional Sessions Judge, Guntur, for offences under Sections 148/449/302/302 r/w 149/302 /302 r/w 149 and 427 of the Indian Penal Code [for short ‘IPC’] for committing murder of two persons namely, Marchavarapu Venkatarao (deceased no.1) and Thalluri Sambasiva Rao (deceased No. 2) in village Uddandarayunipalem.
3. The VII Additional Sessions Judge, Guntur, by judgment dated 31st May, 2004 convicted all the accused (except A-3) and sentenced them as under:-
Accused Nos. Conviction by Trial Court Sentence Imposed by Trial Court
A-1 U/s. 302 r/w. 149, 302, 148 & 449 Life Imprisonment
A-2 302 r/w. 149, 302, 148 & 449 Life Imprisonment
A-4 302 r/w. 149 & 449 Life Imprisonment
A-5 302 r/w 149 & 449 Life Imprisonment
A-6 302 r/w 149, 302 & 449 Life Imprisonment
A-7 302 r/w 149 & 449 Life Imprisonment
A-8 302 r/w 149 & 449 Life Imprisonment
A-9 302 r/w 149 & 449 Life Imprisonment
A-10 302 r/w 149, 302 & 449 Life Imprisonment
A-11 302 r/w 149, 302 & 449 Life Imprisonment
A-12 302 r/w 149, 302 & 449 Life Imprisonment
4. The accused were also imposed a fine of Rs. 500/- each on each count and in default of payment of fine, to suffer S.I. for six months and they were also sentenced to suffer R.I. for a period of five years and to pay a fine of Rs. 1000/- each for the offence under Section 449 of the IPC and in default of payment of fine to undergo S.I. for a period of six months. All the substantive sentences were ordered to run concurrently.
5. The trial court, however, acquitted A-4, A-5, A-7 to A-9 for the offences under Section 427, IPC. A-3 died during the pendency of the trial and trial against him, accordingly, stood abated.
6. Brief facts necessary for disposal of this appeal are as follows :-
All the accused, deceased no. 1, deceased no. 2 and other material witnesses are all residents of village Uddandarayunipalem within the jurisdiction of Thulluru Police Station. In the last panchayat elections held in the village area, deceased No. 1 was elected as Sarpanch of the village as a candidate of Telugu Desam Party by defeating his rival Congress Party candidate namely, Puli Babu who had the support of Bathula Venkateswara Rao (A-6). It was alleged that one Tadikoda Venkateswara Rao s/o Pedalakshmi Narayana approached deceased No. 1 for settlement of the pending land dispute between him and A-6. Deceased No. 1 alleged to have advised both the parties to approach the village elders and if their dispute still remained unsettled, then they could approach the competent court of law. It was alleged that A-6 bore grudge against deceased no.1 as the latter was trying to support Tadikolana Venkateswara Rao in the said matter.
7. On the day of occurrence i.
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