The prosecution must prove the guilt of the accused beyond a reasonable doubt; failure to do so results in acquittal.

JUDGMENT :

K.Suresh Reddy

Feeling aggrieved by the judgment dated 10-05-2017 in S.C.No. 207 of 2014 on the file of the Court of learned Special Sessions Judge for trial of cases under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act – cum – VIII Additional Sessions Judge, Ananthapuramu (for short, 'the trial Court'), the appellants-accused Nos. 3, 5 and 6 filed Criminal Appeal No. 713 of 2017 and the appellants- accused Nos. 2 and 4 filed Criminal Appeal No. 725 of 2017. Aggrieved by the acquittal of accused Nos. 1 and 7, de facto complainant-P.W.1 filed Criminal Appeal No. 784 of 2017.

2. Since all these criminal appeals arise out of the same Sessions Case, they are heard together and are being disposed of by this common judgment.

3. The appellants-accused Nos. 2 to 6 along with accused Nos. 1 and 7 were tried by the trial Court under the following charges:

I charge was under Section 148 IPC against accused Nos. 1 to 6;

II charge was under Section 109 read with Section 302 IPC against accused Nos. 1 and 7;

III charge was under Section 302 IPC against accused Nos. 2 to 6;

IV charge was under Section 307 IPC against accused Nos. 2 to 6; and

V charge was under Section 307 read with Section 34 IPC against accused Nos. 1 and 7.

4. Substance of the charges is that on 07-02-2013 at about 12.30 p.m., accused Nos. 2 to 6, having conspired with accused Nos. 1 and 7, in furtherance of their common object i.e. to eliminate one K.Ramakrishna (hereinafter referred to as 'the deceased'), formed into an unlawful assembly armed with knives and attacked the deceased at HLC Small Canal situated in Reddipalli Village, B.K.Samudram Mandal, Ananthapuramu District, causing his death and in the same process, accused Nos. 2 to 6 attempted to kill P.W.1, thereby committed the offences punishable under Sections 148, 109 read with Section 302, 302, 307 and 307 read with Section 34 IPC.

5. After completion of trial, the trial Court, while acquitting accused Nos. 1 and 7 of all the charges, convicted accused Nos. 2 to 6 for the offence under Section 302 IPC and sentenced them to suffer imprisonment for life and also to pay a fine of Rs.4,000/- each, in default to suffer simple imprisonment for a period of six months. The trial Court also convicted accused Nos. 2 to 6 for the offence under Section 307 IPC and sentenced them to suffer rigorous imprisonment for five years and also to pay a fine of Rs.1,000/- each, in default to suffer simple imprisonment for a period of three months. The trial Court further convicted accused Nos. 2 to 6 for the offence under Section 148 IPC and sentenced them to suffer rigorous imprisonment for one year. Both the sentences imposed under Sections 307 and 148 IPC were directed to run concurrently.

6. Case of the prosecution in brief is thus:

The deceased is only son of P.W.1 and they are residents of Ananthapuramu Town. Accused No. 7 is none other than wife of the deceased and their marriage was performed about 15 years prior to the date of incident and they were blessed with one daughter and one son. P.W.1 got an extent of Ac. 12.00 cents of agricultural land at Reddipalli and she along with the deceased used to cultivate the said land personally by engaging workers. Few months prior to the date of incident, there were disputes between accused No. 7 and the deceased as the former was having extra marital relationship with accused No. 1. In order to eliminate the deceased and P.W.1, accused No. 1, at the instigation of accused No. 7, engaged accused Nos. 2 to 6 and all of them conspired together and decided to do away the lives of the deceased and P.W.1. Accused Nos. 1 to 6 met at a tree near the scene of offence and consumed alcohol and were waiting for the deceased and P.W.1.

On 07-02-2013 morning at about 8.30 a.m., the deceased and P.W.1 went to their agricultural land on motorcycle along with P.Ws.2 to 4 for attending agricultural operations. After completion of work, at about 12.30 noon, P.W.1 and the decea