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2014 Supreme(AP) 499
HIGH COURT OF ANDHRA PRADESH
C.V. NAGARJUNA REDDY & M.S.K. JAISWAL, JJ.
Chidipudi Srinivasa Reddy & Others
Versus
State of A.P. Rep. by the Public Prosecutor, High Court of A.P.
Criminal Appeal Nos. 1021, 1022, 1023, 1024, 1025, 1045, 1046, 1060 of 2007 & 470 of 2011
Decided On: 22-04-2014
For the Appellants:T. Bali Reddy, Senior Counsel, O. Kailashnath Reddy, N. Vidya Prasad, D. Pradyumna Kumar Reddy, C. Vasundhara Reddy, A. Gayatri Reddy, Advocates.
For the Respondent: Bojja Tarakam, Spl. PP, V. Raghunath, Spl. PP.
Trial in a criminal case is not something like a mathematical exercise where common minimum factors from various numerical can be taken and put outside a bracket.
Headnote:(A) Indian Penal Code, 1860-Sections 354 and 324-Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989-Section 3-Attempt to outrage modesty-Conviction-Complaint of a victim in a criminal case constitutes the foundation, upon which the rest of the structure is to be developed. Obviously for this reason, even an hour’s delay in submitting the complaint, after the occurrence is treated as material, unless explained properly- Whatever be the reason for the failure to submit any complaint or furnish information or for retracting from the statements recorded from them by the victims or prosecution witnesses, one just cannot avoid the legal consequences that flow from them-Prosecution failed to prove exact time of the death of the deceased and place of occurrence and the identity of the persons who attacked them-Appeals allowed.
(B) Criminal Law-Appreciation of evidence- Trial in a criminal case is not something like a mathematical exercise where common minimum factors from various numerical can be taken and put outside a bracket-Once Court finds that evidence of a particular witness that a particular set of accused attacked deceased; cannot be accepted; part of that evidence cannot become acceptable, simply because, some accused occurred common in the depositions of other witnesses-With finding of trial Court that the version of a witness with a particular number of accused attacked the deceased cannot be believed, evidence of that witness become shaky. A thread from the evidence of such witness cannot be picked up, to make a fabric with the similar threads picked up from other truncated depositions.
Result-Appeals allowed.
L. Narasimha Reddy, J.
T. sundur is a village in Guntur District with fertile lands, and the basic activity of the villagers is ‘Agriculture’. It is on the railway line between Vijayawada and Madras, and there is a Railway Station at that place. Its neighbouring village on the southern side is, Modukuru with almost similar features. As in any Agricultural Village, the lands are held by some and landless poor, mostly from Scheduled Castes, are engaged in the Agricultural operations.
For some reason on the other, the relation between ‘Dalits’ and the landholders, such as Reddies and Telagas are said to be not so congenial, even from 1940’s. However, except for the expression of differences and protests, no major incident appears to have taken place, obviously because elders from the respective communities ensured that the manifestation of differences does not cross a point. In the recent past, however, the youth were not able to put up with the same state of affairs, and they did not miss any opportunity to assert themselves. The police were also acting promptly, and steps, such as, imposition of prohibitory orders, binding over the persons under Section 107 Cr.P.C., were being resorted to. It was the view of the police, the youth have fallen into the hands of radical elements, they were brain washed, and were waiting for an opportunity to pollute the otherwise peaceful atmosphere in and around said villages.
On 13.10.1990, ‘Chintamani’ drama’ was organized in the village by the youth belonging to ‘Telaga’ community. One Dayani Dhana Raj (PW-15) and some other youth from Dalit Community are said to have picked up quarrel on a trivial issue and beat one Ambati Narasimha Rao, with deadly weapons. Crime No.51 of 1990 was registered by the Police Station Tsundur, in relation thereto, and was being tried as C.C.No.37 of 1990 in the Court of Additional Sessions judge, Tenali. On the next day, Nakka Jyothi Babu and five others are said to have attacked Padala Srinivas of ‘Telaga’ community. Crime No.52 of 1990 was registered in relation thereto. Another incident reported by the police is that Crime No.52 of 1991 was registered when a Harijan boy, by name, G. Ravi (not examined) is said to have placed his legs on front seat, touching one Sri K. Srinivas Reddy. The situation is said to have developed to such an extent that ‘Reddies’ and ‘Telagas’ who are not united till then, became friends vis-à-vis Dalits. Some minor incidents have also taken place and orders under Section 144 Cr.P.C., were passed during July 1991.
On 04.08.1991, D.Rajaa, Dalit boy is said to have outraged the modesty of three girls belonging to ‘Reddy’ community, by rubbing his shoulders with them, and when he was questioned by T. Krishna Reddy, he stabbed him with knife, collected from the nearby bunk. Crime No.58 of 1991 was registered under Section 354 and 324 IPC in relation to that incident. On 05.08.1991, another incident took place leading to registration of Crime No.59/91 under Sections 341 and 324 IPC. Though the police pickets were existing already, additional force was deployed on that day. Both the groups are said to have gathered at 3.00 p.m., near Bose Statue centre and pelted stones on each other. That resulted in registration of Crime Nos. 60 and 61 of 1991.
What happened on 06.08.1991 has virtually shaken the entire State, and became sensational. However, there are different versions about the sequence of events that took place on that day. According to the police, at about 11.30 a.m., on 06.08.1991, one P. Mohan Rao (not examined ) and others of ‘Dalit’ community have attacked one Sri V. Siva Koti Reddy, aged about 60 years, in the fields with deadly weapons and Crime No.63 of 1991 under Sections 147, 148, 324 and 329 IPC was registered in relation thereto.
At another place, Medikonda Subba Rao (PW.1), Dhan Raj (PW.15), M. Venkateswarlu (not examined), and seven other Dalits of Tsundur Village, are said to have attacked three persons, name
