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2006 Supreme(AP) 1583

Andhra Pradesh High Court
Judges : A.GOPAL REDDY, G.YETHIRAJULU
MASOOLA MASTAN - Appellant
Versus
STATE OF ANDHRA PRADESH REP BY ITS, PUBLIC PROSECUTOR HIGH COURT OF A. P. - Respondent
Decided On : 12/29/2006
Criminal Appeal 984 Of 2005

Advocates Appeared: C.PADMANABHA REDDY, K.Mesheswara Rao

Headnote:Indian Penal Code, 1860—Section 148, 302/149 and 307—Murder—Appellant-accused A1 to 10 suspected deceased D 1 had illicit relations with sister of A6—Three deceased with PW1 and PW4 were returning to village when A-1 to A-4 armed with sickles and axes assaulted deceased PW 4 also suffered injuries—PW 6 was wife of D1 , D 2 was brother of D-1 and D-3 was brother of PW 6—Conviction by trial Court—Appeal—As there were eyewitnesses to occurrence, motive did not assume much importance—Evidence of solitary eyewitness if found credible could not be rejected—When testimony of injured witness disclosed that he was present at the scene of offence and credibility of witness was accepted, his evidence could not be rejected—It was almost full moon on the date of incident and accused were known persons and thus their identity spoken to by witnesses could not be doubted—Though PW 4 had not attributed overt act to A-2 and A-3 in his evidence but all accused committed offence in prosecution of common object and A-2 and A-3 could not escape liability—Delay of 7 hours in lodging report stood sufficiently explained—Conviction was not liable to be interfered with. (Paras 17,19, 27, 29 to 32)

       Result: Appeal dismissed.

       IMPORTANT POINT

       Conviction could base on evidence of solitary eyewitness if evidence was found credible.

       

G. YETHIRAJULU, J.

( 1 ) THIS appeal is preferred by A-1 to A-10 in s. C. No. 532 of 2001 on the file of the III additional Sessions Judge, Anantapur. All the accused were charged for the offences under Sections 148, 302 under three counts, 302 read with 149 underthree counts and 307 of IPC. They denied the charges and claimed for trial.

( 2 ) THE prosecution story leading to the conviction of the appellants is briefly as follows: p. W. 6 is the wife and P. W. 4 is the cousin brother of D-1. P. W. 7 is the wife of D-3. D-1 and D-3 are agriculturists and D-2 was an mptc member of Singanamala Mandal. They are all residents of Loluru village. The offence took place on 16-2-2000 at about 10-00 PM near Loluru cross roads. D-1 had illicit intimacy with one Kuliayamma, the sister of A-6. On account of that, there was a quarrel between d-1 and A-6 on the date of offence at 4-00 PM and they beat each other as a result of which d-1 received injuries. On the date of offence at about 7-30 PM, D-1 to D-3 and P. Ws. 1 and 4 went to a private hospital at Ananathapu r for treatment to the injuries received by D-1. While they were returning to their village by foot, after getting down from a lorry at Loluru cross road at 12-00 midnight, A-1 to A-10 suddenly emerged from the bushes and surrounded D-1 to D-3. A-1 and three others attacked D-1 by hacking on the neck and right side of the skull above the ear. A-4, A-5 and a-7 hacked D-2 with sickles. While D-3 was running, A-8 to A-10 chased him and attacked with sickles. When A-6 tried to kill P. W. 4, he caught hold of the sickle, pushed A-6 and ran away, as a result of which he received an injury on his right hand fingers and left thumb. Thereafter, P. W. s. 1 and 4, being afraid of going to their village, went to Ananthapur and from there went to Singanamala Tank, got drafted Ex. P-1 complaint and presented the same to Singanamala Police Station. On 17-2-2000 at 7-00 A-M, the police registered it as a crime and the Inspector of Police took up investigation, visited the scene of offence along with the mediators and witnesses, observed the scene of offence, held inquest overthe dead bodies of D-1 to D-3 and sent the dead bodies to postmortem examination. The doctors after conducting postmortem examination, opined that all the deceased died due to shock and hemorrhage due to multiple injuries received by them.

The sub-inspector of Police arrested A-1 to A-10, and sent them for judicial custody. After completion of the investigation the police laid the charge sheet.

( 3 ) THE prosecution, in order to prove the guilt of the accused, examined P. Ws. 1 to 13 and marked Exs. P-1 to P-18 and M. Os. 1 to 18. No oral evidence was adduced of defence side, but Exs. D-1 and D-2 were marked. After conclusion of the trial, the lower Court came to a conclusion that the prosecution proved the guilt of the accused beyond reasonable doubt.

( 4 ) A-1 to A-10 were convicted for the offence under Section 148 of IPC and sentenced to undergo rigorous imprisonment for two years. A-1 to A-3 and A-6 were convicted for the offence under Section 302 of IPC for killing deceased No. 1 and each of them were sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/- in default to suffer simple imprisonment for two months. A-4, A-5 and A-7 to A-10 were convicted for the offence under Section 302 read with 149 of IPC for killing deceased No. 1 and each of them were sentenced to undergo imprisonment for life and to pay a fine of rs. 500/- in default to suffer simple imprisonment for two months. A-4, A-5 and A-7 were convicted for the offence under Section 302 of IPC for killing deceased No. 2 and each of them were sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/- in default to suffer simple imprisonment for two months. A-1 to A-3, A-6 and A-8 to A-10 were convicted for the offence under Section 302 read with 149 of IPC for killing deceased No. 2 and each of them were sentenced to undergo











































































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