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2008 Supreme(SC) 1916

Supreme Court Of India
B.N. AGRAWAL, G.S. SINGHVI
STATE OF A.P.
Versus
RAYANEEDI SITHARAMAIAH
Decided On : 12/19/2008

Headnote:

Indian Penal Code, 1860 - Section 302 - Criminal appeal - Penalty - Out of ninety four charge sheeted accused persons of the police case, who were committed to the court of sessions to face trial, five persons died during trial and case of other five were separated as they were absconding - Held, Bail bonds of the said respondents of Criminal Appeal and Criminal appeal in relation to whom conviction recorded by Trial Court has been restored, are cancelled and they are directed to be taken into custody forthwith to serve out the remaining period of sentence for which the matter must be reported to this Court within three months from the date of receipt of this order by the trial court - Other respondents of these appeals are discharged from the liability of bail bonds. Criminal Appeal in relation to respondent nos. 1, 3 and 15 is held to have abated in view of the fact that they died during the pendency of this appeal - Appeal in relation to the remaining seventeen respondents is dismissed and they are discharged from the liability of bail bonds - Petition disposed of.

B. N. AGRAWAL, J.

( 1 ) OUT of ninety four chargesheeted accused persons of the police case, who were committed to the court of sessions to face trial, five persons died during trial and case of other five were separated as they were absconding. Thus, the remaining eighty four accused persons along with accused persons in the complaint case filed for the same occurrence and also committed to the court of sessions to face trial, were charged and tried and by judgment rendered by trial court, out of eighty four persons of police case, five accused persons, viz. , rayaneedi Prasad [accused No. 1, in short "a-1"], Chaganti Satyanarayana [a-4], Chaganti Subbarao [a-7], Rayani Alias Gammathu Raghavaiah [a-23] and Rayani Alias Gammathu Anjaiah [a-24] were convicted under Section 302 of the Indian Penal Code [hereinafter referred to as 'ipc'] and sentenced to undergo imprisonment for life. They were further convicted under Section 148 IPC and sentenced to undergo rigorous imprisonment for a period of three years. Both the sentences were, however, ordered to run concurrently. Fifty accused persons of the said case, viz. , Rayannedi Sitaramaiah [a-2], chaganti Nageswara Rao [a-5], Vankayalapati Laxminarayana [a-11], yarlagadda Arjunarao [a-12], Pothina Raghavaiah [a-13], Yarlagadda butchinaidu [a-14], Daggupati Masthanarao [a-15], Daggupati Nagamna [a-16], Perni Aajaiah [a-17], Perni Pratap [a-18], Perni Venkanna [a-19], kondragunta Narasimha [a-21], Jagarlamudi Babi [a-22], Pothipa tirupataiah [a-27], Pothina Rangaiah [a-29], Jagarlamudi Sanjivaiah [a-31], jagarlamudi Ramu Alias Radhakrishnamurthy [a-32], Pthina lakshminarayana [a-33], Perni Venkatasubbaiah [a-35], Yarlagadda subbarao [a-36], Pothina Akkaiah [a-39], Goturu Alias Gottipati Lakshmiah [a-40], Goturi alias Gottipati Venkateswarlu [a-42], Daggupati Kishore [a-43], Daggupati Paparao [a-44], Gottipati Venkateswarlu [a-45], Daggupati hari [a-48], Pothina Krishna Murthy [a-49], Yarlagadda Ramesh [a-50], yarlagadda Apparao [a-52], Kampalli Veeranarayana [a-55], Pothina venkatesubbaiah alias Venkatasubbaiah Chowdary [a-56], Pothina Prasad [a-57], Daggupati Brahmanaidu [a-58], Veerathu Prasad alias Ramprasad [a-59], Rayaneedi Venkateswarlu [a-65], Pothina Ranganayakulu [a-66], talluri Paparao [a-67], Balija Subba Rao [a-68], Pothina Srinivasarao [a-69], Yarlagadda Venkateswarlu [a-72], Yarlagadda Singaiah [a-73], yarlagadda Tirupataiah [a-76], Yarlagadda Veeranarayana [a-80], Mandava vithal alias Panduranga Vithal [a-82], Gorantla Tirupathaiah [a-85], daggupati Anjaiah [a-86], Pothina Gnanayyagari Subba Rao [a-91], nadendla Papa Rao [a-92] and Jagarlamudi Satyam alias Sriramulugari satyam [a-93], though acquitted of the other charges, were convicted under section 148, IPC and out of them four persons, viz. , A-27, A-35, A-44 and A-65 were sentenced to pay a fine of Rs. 10,000/- each, in default, to undergo simple imprisonment for a period of six months whereas the remaining forty six accused persons undergo rigorous imprisonment for a period of three years. The remaining twenty nine persons of the police case and other accused persons of the complaint case were acquitted of the charges.

( 2 ) THREE appeals were filed before the High Court against the judgment of the trial court, one by fifty persons who were convicted under Section 148 IPC, another by five accused persons who were convicted under Sections 302 and 148 IPC and the third appeal by the State of Andhra Pradesh challenging the order of acquittal in relation to twenty persons, viz. , Yarlagadda Nayugamma [a-8], Mandava Radhakrishna Murthy [a-9], gorantla Anjaiah [a-10], Yarlagadda Udayabhaskara Rao [a-20], Pothina Mohana Rao [a-28], Yarlagadda Anjaneyulu [a-30], J. Ramu [a-32] Puvvati Nageswararao [a-37], yarlagadda Nageswara Rao [a-46], Charukuri Venkateswarlu [a-47], Yarlagadda Somaiah [a-53], Yarlagadda Brahmaiah [a-54], Ganta Tirupathaiah [a-60], Daggupati krishnamurthy [a-61], Yarlagadda Venkanna [a-62], Daggupati R


























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