IMPORTANT POINTS
Ocular evidence supported by medical evidence cannot be discarded.
Court is duty bound to examine prosecution evidence de hors some lapses.
High Court will be fully justified in reversing a perverse order of acquittal.

JUDGMENT :

Ashok Bhushan, J.

1. These appeals have been filed against judgment dated 09.07.2013 of High Court of Andhra Pradesh, allowing the Criminal Appeal No. 340 of 2009 and Criminal Revision Case No. 643 of 2008. Criminal Appeal was filed by the State of A.P. and Criminal Revision was filed by Somarowthu Laxmi Samrajyam, wife of Siva Sankara Rao deceased. The High Court vide its judgment has set aside the order of the Trial Court acquitting the accused and has convicted the accused under Section 302 read with Section 149 IPC. The accused aggrieved by the judgment of High Court, convicting them have come up in these appeals.

2. The prosecution case briefly stated is:

All the accused and the de facto complainants are permanent residents of Vellaluru village. Two factions, one of the accused party and another of complainant party had been attacking each other and several criminal cases had been registered against both the factions. One Satyanarana, belonging to the complainant party was killed on 07.02.2003, for which a case in Crime No. 08 of 2003 of Ponnur Rural Police Station was registered for the offences punishable under Sections 147, 148 and 302 read with 149 IPC. While so, another case in Cr. No. 35 of 2003 of Ponnur Town Police Station, was registered for the offences punishable under Sections 147, 148 and 302 read with 149 IPC against Somarowthu Tirupathirao (hereinafter referred as deceased No. 1), Somarowthu Siva Sankara Rao (hereinafter referred as deceased No. 2) and others who were alleged to have killed one Sooda China Veeraiah and in connection with the said case, the above named two deceased and others were arrested and remanded to judicial custody. The Court gave conditional bail to them to the effect that they should remain at Bapatla only and shall report daily before the Bapatla Police Station, and shall also appear before the Ponnur Court once in a week. In connection with the above case, on 10.10.2013 the deceased No. 1 and No. 2, along with PWs. 1 to 6 and PW.9, went to Ponnur on three two-wheelers to attend the Court and after attending the Court, they were returning back in the evening and on receipt of the said information, all the accused except A.2, A.4 to A.6, A.11, A.13 and A.18 conspired together and as A.18 was having a lorry bearing No. ADM 8373, all of them collected deadly weapons like axes, knives, rods and sticks, went in the lorry of A.18 and dashed the two wheeler in which both the deceased and PW.5 were travelling. Both the deceased fell down from two wheeler. Thereafter, the accused attacked them indiscriminately and killed them and also inflicted injuries on PW.5 and they all ran away from the scene of offence in the same lorry along with the weapons. Deceased No. 1 died on the spot and other injured were shifted to the Hospital. The others, who were following the two wheeler of the deceased witnessed the incident and reported the matter to police and shifted the second deceased to Ponnur Hospital, where the Doctor declared him dead and other injured (P.W.5) was referred to Government Hospital, Guntur. On intimation, the police went and recorded the statement of PW.1. PW.20 the Head Constable, Bapatla Town P.S., handed over the file to PW.21 who registered a case in Crime No.57 of 2013 for the offences punishable under Sections 147, 148, 307, 302 read with 149 IPC. After completion of investigation, PW.23 laid the charge sheet.

3. The incident took place at 04:00 PM. Deceased-1, Tirupati Rao died on spot, whereas Siva Sankara Rao, Deceased-2 and S. Venkaiahnaidu (PW.5) were immediately taken to Govt. Hospital, Ponnur at which Hospital Siva Sankara died between 05:30 PM to 06:00 PM. Venkaiahnaidu (PW.5), who was unconscious, on advice of Doctors was shifted to Govt. Hospital, Guntur. The Police came at Govt. Hospital, Ponnur and recorded the statement of Sivarama Krishnaiah (PW. 1) at 06:00PM, on the basis of which statement, the FIR was registered, as Criminal Case No. 57 of 2003 under