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2013 Supreme(UK) 453
SUPREME COURT OF INDIA
Hon'ble Dr. Justice B.S. Chauhan and Hon’ble Mr. Justice S.A. Bobde
Criminal Appeal No. 1521-1522 of 2001 etc.
WITH Criminal Appeal Nos.1093-1094, 1100-1101 & 1102-1103 of 2011
PUTCHALAPALLI NARESH REDDY – Appellant
Versus
STATE OF A.P. – Respondents
Decided on : 18.10.2013
For the Respondents:Mr. A.T.M. Rangaramanujan, Mr. Basava Prabhu Patil, Sr. Advs., Mr. D. Mahesh Babu, Mr. Mayur R. Shah, Ms. Suchita Hrangkhwal, Mr. Chandra Mohan Anisetty, Ms. T. Anamika, Advocates
Headnote:(A) Appreciation of Evidence — Discrepancies — Effect — Simple discrepancies and doubts do not detract the basic credibility of the witness who was injured in the attack in the incident.
(Paras 13 and 20)
(B) Evidence Act, 1872, Secs. 32, 157 and Criminal Procedure Code, 1973, Sec. 164 — Statement of a person who had made the statement in expectation of his death, but did not die — Then same cannot be treated as a dying declaration as it was not admissible u/s 32 Evidence Act, 1872 — When such statement could be dealt with u/s 157, Evidence Act which provides that the former statement of a witness may be proved to corroborate later testimony as to the same fact.
(Paras 25 and 26)
(C) Indian Penal Code, 1860, Secs. 147, 148, 302 r/w Sec. 34 and 324 — Offence punishable u/s 147, 148 and 302 r/w Sec. 34, IPC — Conviction for — Propriety — Medical Officer opined that the injury caused was simple in nature — Thus, in the circumstances, the conviction and sentence awarded by the trial court and affirmed by the High Court, liable to be modified to offence punishable u/s 324 r/w Sec 34, IPC. (Para 30)
¼v½ lk{;ksa dh foospuk & folaxfr;k¡ & izHkko & ekewyh folaxfr o lansg lk{kh tks ?kVuk esa ?kk;y gqvk Fkk] mldh ekSfyd fo’oLrrk dks Hkax ugha djrkA
¼izLrj 13 vkSj 20½
¼c½ lk{; vf/kfu;e] 1872] /kkjk 32] 157 vkSj n.M izfØ;k lafgrk] 1973] /kkjk 164 & ,sls O;fDr dk dFku ftlus viuh e`R;q dh izR;k’kk esa dFku fn;k Fkk ijUrq mldh e`R;q ugha gqbZ & dfFkr dFku dks ej.kklUu dFku ugha ekuk tk ldrk D;ksafd ;g u/s 32 lk{; vf/kfu;e] 1872 xzká ugha & tc ;g dFku u/s 157] lk{; vf/kfu;e] 1872 fopkfjr fd;k tkrk gS rc ;g izca/k djrk gS fd lk{kh ds iwoZ dFku dks fl) fd;k tk ldrk gS leku rF; ds fy, ckn okyh lk{;rk }kjkA ¼izLrj 25 vkSj 26½
¼l½ Hkkjrh; n.M lafgrk] 1860] /kkjk 147] 148] 302 lifBr /kkjk 34 vkSj 324 & vUrxZr n.Muh; vijk/k ds fy, nks”kflf) & vkSfpR;rk & fpfdRlk vf/kdkjh us jk; nh fd dkfjr pksVsa izÑfr eas lkekU; Fkha & bu ifjfLFkfr;ksa esa fopkj.k vnkyr }kjk vf/kfu.khZr vkSj mPp U;k;ky; }kjk vfHkiq”V nks”kflf) o n.M] u/s 324 r/w /kkjk 34, IPC n.Muh; vijk/k esa mikarj.k gksus ;ksX;A ¼izLrj 30½
S.A. Bobde, J. —This batch of appeals is preferred by the accused against the common judgment and order dated 23rd March 2004 in Criminal Appeal Nos. 954 and 956 of 2008. Criminal Appeal Nos. 1521-1522 of 2011 are filed by the Accused No.1; Criminal Appeal Nos. 1102-1103 of 2011 are filed by the accused Nos. 2-7; Criminal Appeal Nos. 1100-1101 of 2011 by the accused Nos. 8-12; Criminal Appeal Nos. 1093-1094 of 2011 are filed by the Accused No.2, Konduru Nagure, Reddy. Since they arise out of the same incident/judgment they have been taken up together for disposal.
2. The crime in question is the murder of Mudi Parandharni Reddy in an agricultural field on 25,11.96 in Mettu village in Andhra Prude h. According to the prosecution, the deceased was a leader of the Congress party in the area. He was suspectcd by the Accused No. 1 Puchulapalli Parandhami Reddy, a lead r of the Telugu Desam Party, as being responsible for the murder of his father on 25.3.92. Land disputes also existed between Rajagopal Reddy (L. W. 2), his brother Pellum Murali Reddy (P.w. 3) on one side and A-19, Pelluru Venu Reddy about the division of survey No. 116. Litigation was pending between them in a Court. Therefore, Pelluru Murali Reddy (P.W, 3) and Rajagopal Reddy (L.W. 2) sought the mediation of the deceased Mudi Parandharni Reddy and it was decided that the deceased would medicate on 25 11.9 6.
3. On 24.11.96, Pelluru M irah Reddy (P. W. 3) and his brother Rajagopal engaged farm labour i.e. P.W. 1 (Vakati Rarnanaiah), P.W. 2 (Rayapati Venkata Ramanaiah) , P.W. 4 (Bandila MutyhyaJaiah) and P.W. 5 (Rayapati Kotaiah) for ploughing the land. On the next day. t.e. 25.11.1996 the deceased had come to the land and sat on a ridge in the field while the ploughing was going on by the labourers. Around 8.00 a.m., A-19, Pelluru Venu Reddy and A-20, Pelluru reedhar Reddy came there and asked that the ploughing be stopped because there was a dispute over the land. Mudi Parandhami intervened and aid that the dispute will be resolved later and asked the ploughmg to go on. At this the accused went away. Around 10 a.m. the accused party came back. The accused no. 1 hacked Mudi Parandhami with a battle-axe on the head. After that A-2, Konduru Nagure Reddy came and when Pelluru Murali Reddy (P.W. 3.) intervened, A-2, Konduru Nagure Reddy, hit him with the blunt edge of the chilla kathi. Then A-3, Konduru Dayakar Reddy, hacked Mudi Parandhami with an axe on hi he d. When Pelluru Murali Reddy (p.W. 3) intervened, A-3, Konduru Dayakar Reddy, hit him on the left hand. After this A-4, Konduru Ramachandra Reddy, came and stabbed Mudi Parandhami on his left shoulder. A-5, Putchalapalli Ramamohan Reddy, then stabbed mudi Parandhami on his chest. A-6, Putchalapalli Srinivasulu Reddy. then stabbed Mudi Parandhami with a spear on the left side of his back. Thereafter A-7, Putchalapalli Niranjan Reddy, stabbed Mudi Parandhami on his back. Then A-8, Avula Sudhakar, stabbed Mudi Parandhami on his left ear and his abdomen. Thereafter A-9, Putchalapalli Subrahmanyam Reddy, stabbed Mudi parandhami on the left side of the chest. A-10, Yellasiri Masthan, then hit Mudi Parandhami with a stick on the left temple. A-12, Chennur Venkataramana Reddy, gave a blow on the head to Mudi Parandhami. When Rajagopal Reddy RajagopaJ Reddy (L.W. 2), intervened A- 12, Chennur Venkataramana Reddy hacked him on the head with the same battle axe and felled him. In the incident Mudi Parandhami Reddy died. P.W. 3 (Murali Reddy) L.W. 2 (P. Raja Gopal Reddy) and L.W. 3 (Pelluru Karunakar Reddy) were injured.
4. Since no doctor was available at Vakadu, one Subrahmanyamm Reddy brought a car and Velum GopaI Reddy, P.W. 6, Pellum Murali Reddy P.W.3 took him in the car to the Government Hospital, Gudur. However, since his condition was critical the hospital authorities advised them to take him for special treatment to Tirupati. On 26.11.1996 the Additional District Munsif, Tirupati recorded the Dying D
