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2014 Supreme(AP) 494

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
L. Narasimha Reddy and M.S.K. Jaiswal, JJ.
Modugula Mallikarjuna Reddy and others
v.
State of Andhra Pradesh
Crl. A Nos.1021 of 2007 and Batch and 470 of 2011
Decided On : April 22, 2014

Advocates Appeared:
T. Balreddy, (Mrs.) C. Vasundhara Reddy, Bojja Tarakam for V. Raghunath (Spl. PP), T. Pradyumna Kumar Reddy, K. Suresh Reddy, O. Kailashnath Reddy, N. Vidya Prasad, (Mrs.) A Gayathri Reddy, Counsel for the Appearing Parties.

Headnote:

Code of Criminal Procedure, 1973 - Section 107 - Indian Penal Code, 1860 - Sections 147, 148, 322, 307 read with 149 - Criminal Offence - 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, he stabbed him with knife, collected from the nearby bunk - Held, On account of the prolonged differences between various sections, spread over decades together, precious lives of 8 innocent persons hailing from Dalit community were lost, and their families were virtually ruined - The help extended by the Government cannot remove the agony of the members of the families of the deceased - Counter-attacks and prolonged prosecution for about 15 years, against about 200 persons from other communities; would certainly have its impact upon their families - At least now, wiser Counsel must prevail, and differences, if any, must be buried - Every endeavour must be made by the elderly persons as well as the organizations, that are active in the Village, to inculcate human values and mutual respect towards each other, in the villagers - Carrying the old legacy would not be in the interest of anyone - Ordered accordingly.

JUDGMENT

L. NARASIMHA REDDY, J :– Tsundur 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.

2. 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.

3. 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 CC 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-a-vis Dalits. Some minor incidents have also taken place and orders under Section 144 Cr.P.C., were passed during July 1991.

4. On 4.8.1991, 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 Sections 354 and 324 IPC in relation to that incident. On 5.8.1991, 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.

5. What happened on 6.8.1991 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 6.8.1991, 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.

6. At another place, Medikonda Subba Rao (PW1), Dhan Raj (PW15), M. Venkateswarlu (not examined), and seven other Dalits of Tsundur Village, are said to have attacked three persons, namely,










































































































































































































































































































































































































































































































































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