Andhra Pradesh High Court
Judges : PUNNAIAH, S.MADHUSUDAN RAO
V.Sathyamaiah - Appellant
Versus
State OF A.P. - Respondent
Decided On : 11-07-77
Rioting - Murder - IPC 148, 302 r. w. 149, 324 r. w. 149 - The judgment discusses the fatal injuries of the deceased and the simple injuries to the deceased's brother and son. It also highlights the factious clashes in the village and the intense factional feelings between the parties. The court analyzes the evidence of the witnesses and the delay in the first report, ultimately leading to the acquittal of all the accused due to lack of reliable evidence.
Fact of the Case:
The occurrence involved rioting with deadly weapons, murder, and causing simple hurt with deadly weapons. The deceased sustained fatal injuries, and his brother and son suffered simple injuries. The village was divided into factions, resulting in intense factious clashes and the need for a regular police presence to maintain law and order.
Finding of the Court:
The court found that the evidence of the witnesses was unreliable, and the delay in the first report raised suspicions. Due to the lack of reliable evidence, all the accused were acquitted.
Issues: The main issue was the reliability of the witnesses' evidence and the delay in the first report, which led to doubts about the prosecution's case.
Ratio Decidendi: The court emphasized the need for reliable evidence in factious cases and scrutinized the witnesses' testimony. It highlighted the potential for manipulation and the importance of corroborative evidence.
Final Decision: The court set aside the convictions and sentences of the appellants, acquitting all the accused due to the lack of reliable evidence.
( 1 ) THESE two appeals are directed against the judgment of the learned Sessions Judge, Anantapur in Sessions Case No. 54 of 75. Eleven accused were tried for rioting with deadly weapons, murder and causing simple hurt with deadly weapons. The accused 1 to 6 and 11 were convicted under Sections 148 and 302 r. w. 149 I. P. C. in regard to the death of one Chinna Narayanareddi. Each of them was sentenced to suffer imprisonment for life under the second count- no separate sentence was awarded under the first count. A-3 was further convicted under Sec. 324 I. P. C. for causing simple hurt to p. W. 1 and was sentenced to suffer rigorous Imprisonment for one month. The accused 1, 2, 4 to 6 and 11 were convicted under Sec. 324 r. w. 149 I. P. C. in regard to the injuries of P. W. 1 and each was sentenced to suffer rigorous Imprisonment for one year. A-6 was convicted under Sec. 324 I. P. C. for causing hurt with a deadly weapon to P. W. 4 and was sentenced to suffer rigorous Imprisonment for two years. The accused 1 to 5 and 11 were convicted under Sec. 324 r. w. 149 I. P. C. in regard to the injuries of P. W 4 and each was sentenced to suffer rigorous imprisonment for two years. The sentences of the accused 1 to 6 and 11 were directed to run concurrently. A-7, a-8, A-9 and A-10 were acquitted of all the charges. The accused 5 and 11 preferred Crl. A. No. 920/76 while the accused 1 to 4 and 6 preferred Crl. A. No. 1029/76 against their convictions and sentences.
( 2 ) THE occurrence in this case took place in the village of apparascheruvu in Dharmavaram taluk at about 12-30 p. m. on 2-1-1975. It resulted in the fatal injuries of one Chinna Narayana reddi (who will hereinafter be referred to as the deceased) and simple injuries to the deceased s brother Pedda Narayana Reddj (P. W. 1) and the deceased s son Bhaskara Reddi (P. W. 4 ). The village of Apparascheruvu was divided into factions since long. One faction was being led by the deceased. The opposite faction was being led by Ramachandra Reddi, the Ex-Village Munsiff. There were several factious clashes which resulted in prosecutions in the courts for rioting and for murder. There were security proceedings also. The factious feelings were so intense between the parties that a police party had to be regularly stationed in the village to maintain law and order since about three years before the occurrence. P. W. 7 and another constable were staying in the local choultry.
( 3 ) BY January, 1975, Ramachandra Reddi was serving a sentence of life imprisonment having been convicted in connection with the murder of a member of the faction belonging to the deceased.
( 4 ) ON 2-1-1975, the deceased was chatting with his elder brother P. W. 1 and one Kamisetti Venkanna (P. W. 2) sitting on a pial near his house. Harijana Lakshmana (P. W. 3) also joined them in the chat sitting at some distance from them. Harijana Ramanna (P. W. 6) was splitting ftre-wood with an axe near the deceased s house at the request of the deceased. The deceased s wife (P. W. 5) was collecting the fire-wood. As the size of the fire-wood split by by P. W. 6 was larger than needed, P. W. 5 brought a chistle and gave it to the deceased who was sizing up the fire-wood with the chistle given to him by P. W. 5. Pasupuleti Venkataramudu (the fourth accused in this case) has his house opposite to the house of the deceased. He is a member of the faction led by Ramachandra Reddi. The accused 1 to 3, 5 to 9 and 11 are all residents of Apparascheruvu village and are members of the faction led by Ramachandra Reddi. A-10 is a resident of Thippepalli, a neighbouring village and is also a member of the faction led by Ramachandra Reddi.
( 5 ) ACCORDING to the prosecution, while the deceased, P. W. 1, p. W. 2, P. W. 3, P. W. 5 and P. W. 6, were thus near the house of the deceased the accused 1 to 11 emerged out of the house of A-4 and rushed towards the house of the deceased. A-1 was armed with a battle-axe. A-2, A-
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