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2014 Supreme(AP) 244
High Court of Andhra Pradesh
K.C. BHANU, ANIS, JJ.
Chittiboina Krishna Murthy and nine others - Appellants
Vs.
The State of A.P., Rep. by its Public Prosecutor – Respondent
The State of A.P., Rep. by its Public Prosecutor – Appellant
Vs.
Chittiboina Krishna Murthy and nine others – Respondents
P.Siva Kumar Reddy - Petitioner
Vs.
Chittiboina Krishna Murthy and ten others – Respondents
CRIMINAL APPEAL Nos.813 OF 2008 & 592 OF 2013 AND CRIMINAL REVISION CASE No. 1557 OF 2008
Decided on: 20.02.2014
Counsel for the Appellants : Smt. P.Rajani Reddy, The Addl. Public Prosecutor, Sri D.Kodanda Rami Reddy
Counsel for the Respondent: The Addl. Public Prosecutor, Smt. P.Rajani Reddy, Smt. P.Rajani Reddy, Addl. Public Prosecutor
Important Point—
Offence of murder must be preceded by intention to kill.
Headnote:Indian Penal Code, 1860—Sections 148, 427, 324 and 326 read with 149—Grievous hurt—Common object—Conviction—Prosecution has not placed any record before Court with regard to nature of treatment taken by deceased in Government Hospital, but as per post-mortem certificate, cause of death was clearly mentioned as shock due to head injury—Investigating Officer has not filed any record to show that what are actual injuries received by deceased on date of incident in hands of accused and no medical record was filed into Court—Trial Court rightly held that taking a stone and hurling at persons with considerable force, is a dangerous means—Accused may not have intention or knowledge to commit culpable homicide or murder—Charge under Section 302 read with 149 I.P.C. would not attract to facts of present case—Trial Court rightly convicted accused for offence punishable under Section 326 read with 149 I.P.C.
Anis, J.
1. The Criminal Appeal No.813 of 2008, under Section 374(2) of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’), is directed against the judgment dated 30.06.2008 in Sessions Case No.168 of 2004 on the file of the learned II Additional Sessions Judge, Kadapa at Proddatur, whereunder and whereby the appellants/A.1 to A.10 were found guilty of the offences punishable under Sections 148, 427, 324 and 326 read with 149 of the Indian Penal Code, 1860 (for short, ‘I.P.C.’), accordingly they are convicted and sentenced to undergo rigorous imprisonment for four years for the offence punishable under Section 326 r/w 149 I.P.C.; rigorous imprisonment for six months for the offences punishable under Sections 148 and 324 r/w 149 I.P.C. each; and to pay a fine of Rs.100/- each for the offence punishable under Section 427 I.P.C., in default to suffer simple imprisonment for one week each.
2. The Criminal Appeal No.592 of 2013, under Section 378(1) & (3) Cr.P.C., is preferred by the State aggrieved by the aforesaid judgment in respect of acquitting respondents/A.1 to A.10 of the offence punishable under Section 302 read with 149 I.P.C.
3. The Criminal Revision Case No.1557 of 2008, under Sections 397 and 401 of Cr.P.C. is preferred by the revision petitioner/de facto complainant aggrieved by the aforesaid order acquitting the respondents/A.1 to A.10 of the offence punishable under Section 302 read with 149 I.P.C.
4. The case of the prosecution, in brief, is as follows:
The accused are the residents of Sunkesula village and one Vaddemani Sivakumar Reddy (PW1) is the resident of T.Sunkesula village. The accused are the supporters of Congress party while PW1 and one Vaddemani Chinna Eswarareddy (hereinafter referred to as ‘the deceased’) and others are the supporters of Telugu Desam party. There was a political rivalry between both the groups since Panchayat elections. The accused were having grudge as their opponent was elected as Sarpanch and were waiting for an opportunity.
While so, on 23.11.2002 at about 8.30 a.m., Vaddemani Maheswara Reddy (PW4), who is the son of the deceased, was proceeding to his fields in his cart, near the house of A.5, the bulls of A.5 attacked the bulls of PW4 and in this regard, A.5 and his father beat PW4 with a stick on his head. Moreover, A.5 informed the said incident to other accused. On the same day, around 9.00 a.m., all the accused armed with hand size stones, formed as a group, came upon the houses of prosecution witnesses by shouting as ‘Champandira Nakodukulanu’. Then, A.3, A.4 and A.10 hurled stones on PW1 causing injuries on the head, elbow and right leg. A.1 and A.2 hurled stones on the deceased causing injuries on the head and leg and the deceased fell down. The stones hurled by A.4 and A.10 caused injuries to others. Then, the prosecution witnesses rushed to the scene. The accused climbed the terrace, removed the stones of the chimney walls, damaged it and went away. During the course of the incident, PW2, M.Sambasivareddy (List Witness No.3), PW3 and others received injuries. Then, PW1 and others shifted the deceased to the Police Station and gave a report – Ex.P.1. Basing on Ex.P.1 report, A.Ananda Rao, Sub-Inspector of Police, Yerraguntla (PW10) registered a case in Crime No.89 of 2002 for the offences punishable under Sections 147, 148, 324, 427, 308 read with 149 I.P.C. and issued First Information Report to all the concerned.
During the course of investigation, PW10 examined and recorded the statements of PW1 and others, seized the bloodstained clothes of the deceased in Police Station under Police Proceedings (Ex.P.12), sent the injured to the Government Hospital, Proddatur for treatment, visited the scene of offence, prepared rough sketch of the scene of offence, seized stones at the scene of offence under the cover of panchanama. As the condition of the deceased became serious, on the requisition of Dr. G.David, Civil Assistant Surgeon (PW6), Principal Junior Civil Judg
