The conviction of the accused was overturned due to unreliable witness testimonies and lack of credible evidence supporting the prosecution's case.

JUDGMENT :

K. Suresh Reddy, J.

Aggrieved by the conviction and sentence recorded by judgment dated 30-06-2017 in Sessions Case No. 531 of 2008 on the file of the Court of learned I Additional Sessions Judge, Kurnool (for short, 'the trial Court'), accused Nos. 1 and 3 to 6 therein filed the present criminal appeal before this Court.

2. Originally, the police filed charge sheet against accused Nos. 1 to 5. During the pendency of trial, accused No. 2 died and therefore case against him was dismissed as abated by order dated 16-09-2011 and one Telugu Ramanjaneyulu was added as accused No. 6 as per the orders in Criminal M.P.No. 441 of 2012 dated 22-04-2015. As such, accused Nos. 1 and 3 to 6 faced trial. On 10-02-2025 when the appeal was taken up for hearing, learned counsel appearing for the appellants informed this Court that the appellants-accused Nos. 5 and 6 died pending the criminal appeal which fact was not disputed by learned Additional Public Prosecutor appearing for the respondent-State. Accordingly, this Court, by order dated 25-02-2025, has dismissed the appeal against the appellants-accused Nos. 5 and 6 as abated. Consequently, the present appeal is taken up and considered only against the appellants-accused Nos. 1, 3 and 4.

3. Initially, accused Nos. 1 to 5 were tried by the trial Court under the following charges:

I. charge was under Section 302 IPC against accused Nos. 1 and 2; and

II. charge was under Section 302 read with Section 34 IPC against accused Nos. 3 to 5.

Subsequently, after adding one Telugu Ramanjaneyulu as accused No. 6, the trial Court framed another charge under Section 302 read with Section 34 IPC against him on 14-09-2015.

4. Substance of the charges is that on 03-01-2007 at about 16.40 hours, near S.N.S.R. Degree College, Velgode, all the accused, in furtherance of their common intention, chased one Telugu Chinna Jambanna (hereinafter referred to as 'the deceased') and accused No. 1 hacked on his head and accused No. 2 beat with a stick causing his death, thereby committed offences punishable under Sections 302 and 302 read with Section 34 IPC.

5. After completion of trial, the trial Court convicted the appellants- accused Nos. 1 and 3 to 6 and sentenced them to suffer rigorous imprisonment for life and also to pay a fine of Rs.3,000/- each, in default to suffer simple imprisonment for a period of six months, for the offence under Section 302 read with Section 34 IPC.

6. Case of the prosecution in brief is thus:

All the accused are residents of Velgode Village and Mandal, Kurnool District. The deceased was also resident of the same village. P.W.1 is wife, P.W.2 is nephew and P.W.5 is younger brother of the deceased respectively. On 03-01-2007, accused Nos. 1 to 6 chased the deceased and accused Nos. 1 and 5 hacked the deceased with an axe on his head while accused Nos. 2 to 4 caught hold of him. The motive attributed by the prosecution for attacking the deceased is that the deceased was reluctant to vacate the hut located at Telugu Ganga Reservoir Project. The further motive attributed by the prosecution for attacking the deceased is that due to political rivalry between the accused and the deceased, the former attacked the latter.

It is the prosecution case that during M.P.T.C. Elections held in the year 2006, accused No. 6 contested on behalf of Congress Party while the deceased and his family members supported Telugu Desam Party. In the elections, the candidate contesting on behalf of Telugu Desam party won the elections defeating accused No. 6, due to which the accused developed grudge against the deceased. Immediately after the attack, the injured was taken to Community Health Centre, Atmakur, and from there, he was shifted to Government General Hospital, Kurnool, and while undergoing treatment, he died on 08-01-2007.

Having received information about the offence, P.W.13-the then Sub Inspector of Police, Velgode Police Station, rushed to Community Health Centre, Atmakur, and recorded a statement from P