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2003 Supreme(AP) 975

Andhra Pradesh High Court
Judges : M.NARAYANA REDDY
Guttikonda Nagireddy - Appellant
Versus
State OF A.P. - Respondent
Decided On : 08-08-03

Headnote:

Criminal Procedure Code, 1973 – Section 374 – Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Criminal Appeal filed by appellants against the sole respondent-State, under sub-section (2) of Section 374, Cr. P. C, 1973, questioning validity and legality, of the adjudications made by, and set forth in para 2, infra – JUDGMENT Court of the Special Sessions Judge under scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Guntur (Trial Court) made of its file – PERUSED the material papers of the record – ARGUMENTS were heard of the learned counsel for the appellants and the learned addl. Public Prosecutor for the sole respondent-State as the case may be, for and against the foregoing points –Held, Trial Court, erroneously, and, so to say, wrongly convicted and sentenced all the present appellants-accused, and imposed heavy, to very heavy, sentences upon them, as set forth –Court therefore record findings of no guilt of all the appellant-accused, in respect of the 9 foregoing charges, and the respective offences, punishable there-under – impugned Judgment of the Trial Court, set forth in para 2, supra, as also, the respective convictions and sentences imposed thereby, upon all the present appellant-accused, as set forth in sub-para II of paran,. . upra, are liable to be set aside, in toto, and all those accused are liable to be acquitted, and set at liberty, in respects court therefore, record my finding on point framed, supra, accordingly, and, as is being done, hereunder.

M. NARAYANA REDDY, J.

( 1 ) THIS Judgment, according to law, arises out of a Criminal Appeal, filed by appellants no. l to 44, against the sole respondent-State, under sub-section (2) of Section 374, Cr. P. C, 1973, questioning the, validity and legality, of the adjudications made by, and set forth in para 2, infra.

( 2 ) JUDGMENT, dated 1-4-1997, of the Court of the Special Sessions Judge under scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Guntur (Trial Court), made in S. C. No. 16/94, of its file.

( 3 ) PERUSED the material papers of the record.

( 4 ) ARGUMENTS were heard of the learned counsel for the appellants, and the learned addl. Public Prosecutor for the sole respondent-State, as the case may be, for and against the foregoing points.

( 5 ) APPELLANTS 1 to 5 correspond, respectively, to A-1 to A-5 in the said s. C. No. 16/94. Appellants 6 to 11 corresp ond, respectively, to A-7 to A-12, in that Sessions case. Appellants 12 to 16 correspond, respectively, to A-14 to A-18 therein. Appellants 17 to 43 herein correspond, respectively, to A-20 to A-46 therein. Appellant No. 44 herein corresponds to A-48 therein. The sole respondent in this Criminal appeal corresponds to the sole complainant in the said Sessions Case, being, the State represented by the Inspector of Police, macherla.

( 6 ) THE parties are, hereinafter, referred to, with reference to their respective descriptions before the said Trial Court, in that S. C. No. l6/94, unless, otherwise, so specified.

( 7 ) THE said Sessions Case pertains to Crime no. 3/92, of the Police Station, Veldurthi, guntur District, registered under the penal provisions, set forth in sub-para (z) of para 9, supra.

( 8 ) IN total, the crime was registered against 48 accused. Also, charge-sheet was filed, originally, against 48 accused, as A-1 to A-48. However, after registration thereof, as the said S. C. No. 16/94, in the said Trial Court, a-6 died, and hence, the case against him was recorded, as abated. Also, the cases against A-13, A-19 and A-47 therein was separated. So therefore, A-1 to A-5; A-7 to a-12; A-14 to A-18; A-20 to A-46; and A-48, only faced trial before the said Trial Court.

( 9 ) THE material part of the case of the prosecution, as set forth in its charge-sheet, filed before the said Trial Court, in the said s. C. No. 16/94, is set forth, in brief, as under:- (A) All the accused are residents of kandlakunta village. (B) L. Ws. l to 17 of the charge-sheet, some of whom were examined as witnesses in the case and ten others are residents of Gudipadu Cheruvu, hamlet of kandlakunta village of Guntur district. (C) The said L. Ws. l to 17 and others are chenchus and Sugalies, who belong to Scheduled Tribes. (D) All the accused belonged to upper caste. (E) About 30 years prior to the charge- sheet, the Government distributed ac. 300 of dry land, amongst Chenchus and others, who are residing in chenchugudem village, giving ac. 2. 50 cents, per head. (F) However, the said Chenchus never cultivated the said lands. (G) While so, about five years prior to the charge-sheet, the said Chenchus and sugalies pledged the pattas of their lands to Kundlakunta Reddys, from whom they have taken money and foodgrains. (H) About one year thereafter, knowing about the same, the revenue authorities came to the said kandlakunta village, and enquired into the matter, and settled the issues, and took back the pattas form the said reddys, and un-officially distributed 50% of the lands to those Reddys, and the remaining 50% of those lands, to chenchus. (I) However, those Reddys of kandlakunta village never allowed chenchus to cultivate their lands. (J) Hence, the mater was again represented to the District Collector, guntur, Police, as well as well as, the revenue authorities, who, in turn, warned those Reddys, but, in vain. (K) Prior to 1-8-1991, the Chenchus of gundipadu cheruvu, under the leadership of the said L. W. 2, beat ryots of Kandlakunta village, who are working




































































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