The prosecution failed to prove the involvement of A.2, A.4, and A.5 in the crime, while sufficient evidence supported the conviction of A.1 for murder.

JUDGMENT :

K.Suresh Reddy, J.

A.1 to A.5 in S.C.No.14/2012 on the file of learned III Additional District & Sessions Judge at Vizianagaram–cum-Judge, Family Court are the appellants in the present appeal. They were tried by the learned Additional Sessions Judge under the following charges:

First charge was under Section 302 IPC against A.1 and A.2.

Second charge was under Section 302 r/w 34 IPC against A.3 to A.5.

Third charge was under Section 324 IPC against A.3 for causing injuries to PW.2.

Fourth charge was under Section 323 IPC against A.4 and A.5, and Last charge was under Section 323 IPC for causing injuries to PW.2.

2. Substance of the charge against the accused is that on 01.01.2011 at about 7.30 P.M., while A.1 and A.2 were quarrelling in front of the house of Boddana Appanna (hereinafter referred to as ‘the deceased’) at Kurakula Veedhi, Poram Village, Mentada Mandal, the deceased questioned them. Then, A.1 beat him with a Spade on his head and A.2 beat him on his head with a pestle, who fell down, and when PW.2 intervened, A.3 to A.5 beat him with a spade and A.4 and A.5 kicked him with hands and legs and thereafter the deceased succumbed to injuries on 03.01.2011 while undergoing treatment in the hospital, thereby committed offences punishable under Sections 302 and 323 r/w 34 IPC.

After completion of trial, the learned Additional Sessions Judge convicted A.1 and A.2 under section 302 r/w 34 IPC and sentenced them to suffer Rigorous Imprisonment for ‘LIFE’ and also to pay a fine of Rs.500/- each, in default to suffer Simple Imprisonment for a period of six months each.

Learned Additional Sessions Judge convicted A.3 under Section 324 IPC and sentenced him to suffer Rigorous Imprisonment for a period of three years and also to pay a fine of Rs.500/-, in default to suffer Simple Imprisonment for a period of three months.

Learned Additional Sessions Judge also convicted A.4 & A.5 under Section 323 r/w 34 IPC and sentenced each of them to pay fine of Rs.1000/-, in default to suffer Simple Imprisonment for a period of three months.

3. Case of the prosecution, briefly, is as under:

(a) All the accused are residents of Poram Village, Mentada Mandal, Vizianagaram District. The deceased was also resident of the same village. PW.1 is the son and PW.3 is the son-in-law of the deceased respectively. PWs 2, 4, 5 and 6 are relatives of the deceased. While so, on 01.01.2011 at about 07.30 P.M., A.1 and A.2 were altercating with each other in a drunken condition in front of the house of the deceased. At that juncture, the deceased came out and asked both A.1 and A.2 why they are quarrelling in front of his house. Immediately, A.1 beat the deceased with a crow-bar and A.2 beat with a pestle on the head of the deceased. When PW.2 intervened, A.3 beat him on his head with a spade. After receiving both injuries, the deceased and PW.2 fell down. Thereafter, A.4 and A.5 said to have kicked PW.2 with hands and legs. Thereafter, when PWs 5, 6, 8, 9 and 10 came to the scene of offence, all the accused left the place. Immediately, after receiving information, PWs 1 & 3 came to the scene of offence. Thereafter, PWs 1, 3 & 10 shifted both the injured to the Government Headquarters Hospital, Vizianagaram. On the intervening night of 01/02.01.2011 at about 12.30 A.M., PW.13, who was incharge of the Outpost Police Station, Headquarters Hospital, Vizianagaram, received hospital intimation Ex.P6. Having received the said intimation, he went to the hospital and recorded a statement Ex.P2 from PW.2. He forwarded exhibits P.2 and P.6 to Andra Police Station on point of jurisdiction. PW.16 Assistant Sub-Inspector of Police, Andra Police Station having received Ex.P2 and Ex.P6, registered a case in Cr.No.1/2011 under Sections 324, 326 & 323 r/w 34 IPC and issued copies of F.I.R. to all the concerned. F.I.R. was marked as Ex.P12. Then, he along with PW.15 went to Poram Village and verified the scene of offence located in front of the house of the deceased. He secu