2002 Supreme(AP) 1505
Andhra Pradesh High Court
Judges : C.V.RAMULU, R.M.BAPAT
G.Ravindranath Reddy - Appellant
Versus
Mareddi Ramchandra Reddy @ Chandrudu - Respondent
Decided On : 12-31-02
Headnote:
Indian penal Code 1860 – Section 148,302,and 427 - Explosive Substances Act - Section 5 – Criminal Revision – Offence of Murder – Appeal – Injuries were ante-mortem in nature and the deceased would have died because of shock and haemorrhage Acquittal – Causing grievous hurt - Since Criminal Appeal is also filed by State of andhra Pradesh against same order in our considered opinion Criminal does not survive - Accordingly it is dismissed Criminal Appeal judgment – Held, background that admittedly there are two factions in village and members of one faction would always be eagerly waiting for opportunity to take revenge on members of other faction – In facts and circumstances noted by us above it will not be possible for us to convert acquittal recorded by trial court into conviction - Under these circumstances considering above facts on record court are of firm opinion that appeal filed by State is devoid of merits - Dismissed
( 1 ) THIS Criminal Revision Case is filed by the de facto complainant in S. CNo. 331 of 1996 against the order of acquittal dated 27-7-1999 recorded by II Additional Sessions judge, Cuddapah. Since, Criminal Appeal no. 174 of 2000 is also filed by the State of andhra Pradesh against the same order, in our considered opinion, the Criminal R. C. No. 1329 of 1999 does not survive. Accordingly, it is dismissed. Criminal Appeal No. 174 of 2000 judgment (Perr. M. Bapat,j.)
( 2 ) THIS appeal is filed by the State of andhra Pradesh represented by the Public prosecutor aggrieved by theorder of acquittal recorded by the learned IInd Additional sessions Judge, Cuddapah in Sessions Case no. 331 of 1996 acquitting the accused 1 to 7 of all the charges.
( 3 ) THE prosecution has framed, in all, 7 charges against the accused-respondents herein. The first charge was under Sec. 148 ipc against A-1 to A-7. The Second Charge was under Section 302 IPC against A-1 to a-7. The third charge was under Section 307 ipc against A-1 to A-7 for attempting to murder P. W. 1. The fourth charge was under section 326 IPC against A-1 to A-7 for causing grievous hurt to P. Ws. 2 to 5. The fifth charge was under Section 427 IPC against A-1 to a-7. The sixth charge was under Section 3 of the Explosive Substances Act against A-1 to a-7 and the seventh charge was under section 5 of the Explosive Substances Act against A-1 to A-7.
( 4 ) THE story of prosecution can be briefly stated as follows. The incident in question took place on 15-1-1994 at about 12. 30 noon on the Main Road of Pulivendula town. According to the prosecution, one Shaik tappal Khasim Saheb died because of the bomb explosion. It is alleged by the prosecution that there were two factions in the village of Kasnoor of Simhadripuram mandal, one headed by A-1 and the other by p. W. 1. There were cases and counter cases against each party and each group was waiting for an opportunity to take revenge against the other group. While so, on 15-1-1994, P. W. 1 along with his wife P. W. 3, son P. W. 4, friend P. W. 2, Shaik Tappal khasim Saheb (the deceased) and the daughter of Shaik Tappal Khasim Saheb p. W. Swentto Pulivendula in the jeep bearing registration No. 28b 6057. After consultinga doctor and after making some purchases in the town of Pulivendula, they were about to come back to their village. On the way, at pulivendula main Road, P. W. 1 stopped his jeep near a flower and fruit market so as to purchase some flowers and fruits. Then, suddenly, A-1 to A-7 came in front of the jeep raising cries "champeyandira Na kodukuni" surrounded the jeep and hurled bombs. Some of the bombs exploded on the windscreen of thejeep injuring all the inmates of the jeep. P. W. I, thereafter, started thejeep and took all the injured to Pulivendula government Hospital. Shaik Tappal Khasim saheb received grievous injuries in the said incident and his left hand was severed. P. Ws. 1 to 4 also received injuries in the said incident. On reaching the hospital P. W. 17 the doctor started treatment on the injured shaik Tappal Khasim Saheb. Meanwhile p. W. 18, Inspector of Police who received vague information that there was explosion of bombs in main bazaar, Pulivendula town, reached the hospital and recorded Ex. P-1 from P. W. 1 as the injured Shaik Tappal khasim Saheb was not in a position to speak. While the recording of Ex. P-1 was half way through, the said Shaik Tappal Khasim Saheb died. P. W^17 informed the same to the inspector of Police under Ex. P-16, the death intimation. P. W. 18 after completing recording of Ex. P-1, went to police station, registered the case on the basis of Ex. P-1, the statement of P. W. 1. He prepared express firs and dispatched them to all the concerned. Ex. P-17 is the relevant FIR. He went back to the hospital and seized the jeep and M. Os. 14, 15, 18 and 22 under a panchanama in the presence of P. Ws. 13 and 14. Ex. P-3 is the said Panchanama. He also seized M. Os. 11 to 17,