Important Points
Mere non-mention of name of witness does not render the prosecution version fragile.
Even if major portion of evidence is found to be deficient, in case residue is sufficient to prove guilt of an accused, his conviction can be maintained.

Judgment

Dr. Arijit Pasayat, J. —

1.Challenge in this appeal is to the Judgment of the Division Bench of the Andhra Pradesh High Court confirming theconviction of the appellant for offences punishable under Section 302 of the Indian Penal Code, 1860 (for short ‘IPC’), so far as the appellants 1 to 7 are concerned. The others have been convicted for offence punishable under Section 302 read with Section 149 IPC.

2.Originally, there were 57 accused persons. Some of them were acquitted by learned Sessions Judge, Vizianagaram. The present appeal is filed by accused nos. 1 to 7, 8, 12, 21 and 24, A1, A8, A12, A21 and A24 were convicted for homicidal death of Appalasamy (hereinafter referred to as ‘D1’). A1 and A7 were convicted for causing death of Appallanaidu (D2).

3.Prosecution version as unfolded during trial is as follows :

Accused party belongs to a particular political party. Prosecution party belonged to another political party. On 29.1.2000 around 6.30 A.M., all the accused persons Al to A57 came in a mob to the house of D-2 Appalanaidu and attacked him with dangerous weapons. Then they went to D-1’s house and attacked him. Thereupon they went round the village and attacked the Congress supporters P.W.4 to P.W.33. P.W.1 Potnuru Laxminarayana the wife and P.W.2 son of D-2, are eyewitness for the attack on D-2. P.W.3 wife of D-1, is the eyewitness to the death of D-1.

The motive for the attack is that a love letter was sent by son of A-47 to a girl, who was a relative of D-2. Due to this there was a clash between the two groups. A case and counter cases were registered as Crime No.11 and 12 of 2000. Both the parties were arrested. Thereafter there was rumour that one person of the accused group was killed. So the entire mob of the accused group came and attacked D-1, D-2 and others. All the injured persons were taken to Hospital at Gajapathipuram.

P.W.53 Sub-Inspector of Police went to the hospital and recorded the statement from P.W.1. The case was registered as crime No.13 of 2000 for various offences including Section 307 of IPC. On 31.1,2000, D-1 died. On 10.2.2000, D-2 died. Case was altered to Section 302 IPC. P.W.53 Inspector of Police took up the investigation. After investigation, charge sheet was filed against Al to A57 for various offences including Section 302 IPC. The Trial Court acquitted some of the accused persons and convicted Al to A7 for offence punishable under Section 302 IPC and some other accused for the offence punishable under Section 302 read with Section 149 for causing death to D-2 Appalanaidu. Trial Court convicted A-1, A-8, A-12, A-21 and A-24 for offence punishable under Section 302 IPC and some other accused for offence under Section 302 read with Section 149 for causing death of D-1 Appalasamy. Other accused were convicted for the offences punishable under Section 148, 325, 323, 452 for the individual offences in respect of the injuries inflicted on the witnesses. However, in appeal the High Court acquitted the accused persons in respect of Section 302 read with Section 149 holding that there was no common object. The High Court confirmed the conviction for the offence under Section 302 IPC as against Al to A7 for causing death of D-2 and as against Al, A8, A12, A21 and A24 in respect of death of D-1. Hence the appeal by these 11 appellants.

4.In support of the appeal, learned counsel for the appellant submitted that PW’s 1 evidence is unreliable because the complaint Ex.P1 is contrary to what she deposed in Court. It was submitted that the overt acts individually for the first time stated in court. Secondly, it is submitted that the weapons purportedly used are not correctly stated by PW1. Presence of PW 2 is not stated in Ex.P1 by PW1 and also not stated in statement recorded under Section 161 of the Code of Criminal Procedure, 1973 (in short the ‘Code’). It is further submitted that the statement of PW1 that the accused persons told her that they will not harm her is not believable. Since the pros