The court ruled that the prosecution's failure to explain the injuries on the accused and reliance on interested witnesses without independent corroboration rendered the conviction unsafe.

JUDGMENT :

(B.V.L.N. Chakravarthi, J.)

1. The appeal assails the judgment dated 31.03.2009 passed by the learned II Additional District and Sessions Judge (Fast Track Court), Vizianagaram at Parvathipuram, in Sessions Case No.71 of 2005. During the pendency of the appeal, A-2 died on 07.05.2021 and as such, appeal filed for the A-2 has abated vide this Court’s order dated 06.10.2023.

2. The accused No.1 and 2 were tried for the offence U/s.302 of Indian Penal Code, 1860 (hereinafter referred to as (‘I.P.C.’) for causing the death of one Smt.Senapathi Demudamma (hereinafter referred to as deceased) on 12.10.2004 at about 09.00 p.m. in Veeluparthi Village, near the house of Senapathi Tata (P.W-1). The accused A-3 along with A-4 were tried for the offence U/s.302 r/w.34 of I.P.C. for causing death of Smt.S.Demudamma. A-1 was also tried for the offence U/s.324 I.P.C. for voluntarily causing simple hurt to Gokeda Somulamma (P.W-4) on or about the same day, time and place mentioned above. A-2 and A-3 along with A-4 were tried for the offence U/s.324 r/w.34 of I.P.C. for voluntarily causing simple hurt to Smt.G.Somulamma (P.W-4) on or about the same day, time and place mentioned above. A-1 and A-2 were further tried for the offence U/s.323 I.P.C. for voluntarily causing hurt to S.Tata (P.W-1), S.Chellam Naidu (P.W-2), S.Appala Ramana (P.W-3), G.Satyanarayana (P.W-5) and G.Kannayya (P.W-6) on or about the same day, time and place mentioned above.A-3 along with A-4 were further tried for the offence U/s.323 r/w.34 I.P.C. for voluntarily causing hurt to the above persons on the same day, time and place mentioned above.

3. The learned II Additional District & Sessions Judge (Fast Track Court), Vizianagaram at Parvathipuram, vide judgment dated 31.03.2009 convicted A-1 and A-2 for the offence U/s.304-I, 324 and 323 r/w.34 of I.P.C., A-3 was convicted for the offence U/s.324 and 323 of I.P.C. Accordingly, sentenced A-1 and A-2 to undergo rigorous imprisonment for 10 years each, and also to pay fine of Rs.1,000/-each, in default of payment of fine, to undergo simple imprisonment for a period of six (06) months each for the offence U/s.304-I I.P.C; Sentenced A-1 to undergo rigorous imprisonment for a period of two years and also to pay fine of Rs.500/-, in default of payment of fine, to undergo simple imprisonment for a period of three (03) months for the offence U/s.324I.P.C; Sentenced A-1 to undergo simple imprisonment for a period of three months and also to pay fine of Rs.100/-, in default of payment of fine, to undergo simple imprisonment for a period of 15 days for the offence U/s.323 I.P.C.

4. The learned II Addl.District & Sessions Judge (Fast Track Court), Vizianagaram at Parvathipuram, convicted and sentenced A-2 to undergo rigorous imprisonment for a period of two years and also to pay fine of Rs.500/-, in default of payment of fine, to undergo simple imprisonment for a period of three (03) months for the offence U/s.324 I.P.C; Further convicted and sentenced A-3 to undergo rigorous imprisonment for a period of two years and also to pay fine of Rs.500/-, in default of payment of fine, to undergo simple imprisonment for a period of three (03) months for the offence U/s.324 I.P.C; Also sentenced A-3 to undergo simple imprisonment for a period of three months and also to pay fine of Rs.100/-, in default of payment of fine, to undergo simple imprisonment for a period of 15 days for the offence U/s.323 I.P.C; The learned II Addl.District & Sessions Judge (Fast Track Court), Vizianagaram at Parvathipuram, acquitted A-4 on all charges. Challenging the said conviction and sentence, the accused No.1 to 3 filed the present appeal U/s.374(2) of Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’).

5. The defacto-complainants i.e., S.Tata (P.W-1) and S.Appala Ramana (P.W-3) filed Criminal Revision Case No.733/2010 U/s.379 and 402 of Cr.P.C., challenging the impugned judgment, contending that the learned II Addl.District & S