The main legal point established in the judgment is the careful consideration of evidence and the application of the benefit of doubt in determining the guilt of the accused.

ORDER :

1. The judgment in Sessions Case No. 110 of 2006, dated 17.04.2008, on the file of IV Additional District & Sessions Judge (Fast Track), Nellore (“Additional Sessions Judge” for short) is under challenge in this Criminal Appeal by the unsuccessful accused No. 1, who was found guilty for the offences under Sections 326 and 324 of the Indian Penal Code (“IPC” for short), convicted under Section 235(2) of the Code of Criminal Procedure) (“Cr.P.C.” for short) and sentenced to suffer rigorous imprisonment for five years and a fine of Rs.1,000/- in default to suffer simple imprisonment for six months for the offence under Section 326 of IPC and further sentenced to suffer rigorous imprisonment for one year each for the offence under Section 324 of IPC under two counts.

2. The parties to this Criminal Appeal will hereinafter be referred to as described before the learned Additional Sessions Judge for the sake of the convenience.

3. The Sessions Case No. 110 of 2006 arose out of a committal order in P.R.C. No. 65 of 2005 on the file of IV Additional Judicial Magistrate of First Class, Nellore, pertaining to Crime No. 71 of 2005 of Nellore Rural Police Station.

4. The State, represented by the Inspector of Police, Nellore Rural, filed a charge sheet in the aforesaid crime number under Sections 302, 326, 324 r/w 34 of IPC.

5. The case of the prosecution, in brief, as set out in the charge sheet is as follows:

(i) The Accused Nos.1 to 5 and the deceased Amavarapu Audeiah are inter-related. Accused No. 5 is the maternal uncle of Amavarapu Audi Narayana who married the daughter of Accused Nos.4 and 5, about three years prior to 18.03.2005. While so, the said Amavarapu Audi Narayana was suffering from chronic stomach ache and he approached a Quack Doctor at Nellore and she told him that somebody administered some medicine to him to attract him. On that aspect, Amavarapu Audinarayana and his family members were blaming the parents-in-law of Amavarapu Audinarayana i.e., Accused Nos.4 and 5. While so, on 16.03.2005 Accused Nos.2 to 4 went to the house of Amavarapu Audinarayana in South Rajupalem Village and there was verbal altercation between the family members of Amavarapu Audinarayana and Accused Nos.2 to 4. Then the Accused Nos.2 to 4 left to their village stating that they would see the end of the family members of Audinarayana. Again on 18.03.2005 at about 3-00 p.m., Accused Nos.1 to 5 went to the house of Amavarapu Audinarayana at South Rajupalem and picked up a quarrel with him and his family members and in that quarrel, Accused Nos.1 to 5 attacked Amavarapu Audinarayana and his father Amavarapu Audiah and elder sister of Amavarapu Adinarayana by name Palepu Subbamma and caused injuries to them with hedge-bill and sticks with common intention of doing away with their lives. Accused No. 1 hacked Amavarapu Audeiah and Amavaapu Audinarayana on their respective heads and A.1 also hacked Subbamma on her right hand caused severe bleeding injuries to them. Accused Nos.1 to 3 beat Audinarayana and his father and sister with sticks and caused injuries to them. A.4 caught hold the tuft of Subbamma and thrown her down. Accused No. 5 pelted stones at the injured persons. The injured persons were shifted to Nellore Government Hospital. Amavarapu Audeiah, who received severe injuries, was shifted to SVIMS Hospital, Tirupati on 22.03.2005 for better treatment and while undergoing treatment the said Amavarapu Audeiah died on 25.03.2005 at 7.20 p.m. In the first instance, a case in Crime No. 71 of 2005 of Nellore Rural Police Station was registered under Section 324 r/w 34 of I.P.C. and subsequently the Section of law was altered to Section 302 r/w 34 of IPC. The Inspector of Police investigated the case. Accused Nos.1, 3 and 5 were arrested on 03.04.2005 and they were sent to Court for remand. A.4 has obtained anticipatory bail. Hence, the charge.

6. The learned IV Additional Judicial Magistrate of First Class, Nellore, on perusal of the material ava