JUDGMENT :

(G. Anupama Chakravarthy, J.)

This appeal is arising out of the judgment dated 06.06.2014 in S.C.No.309 of 2012 on the file of the VIII Additional District and Sessions Judge, Medak. Initially, a crime was registered against accused Nos.1 to 6 in Crime No.74 of 2011 on the file of Kowdipally Police Station, which was committed to the Sessions Court by the Judicial Magistrate of First Class, Narsapur, vide PRC.No.7 of 2012, for the offences punishable under Sections 147, 148, 302, 323 r/w.149 of IPC. The Sessions Court, on conclusion of trial, found accused No.1 alone guilty of the offence punishable under Section 302 of IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.5,000/-. Accused Nos.2 to 6 are acquitted of all the charges levelled against them.

2. The case of the prosecution is that accused No.2/Dontula Narsaiah and the deceased/Donthula Balaiah are relatives and they have agricultural lands in Sy.Nos.325 and 327 at their village. In the year 2008, A-1 to A-3 sold away their land admeasuring Ac.0-12 guntas to the deceased under registered document and since then, the deceased was in possession of the said land. A-2 again sold his land admeasuring Ac.0-06½ guntas in the month of December, 2010 to one Kodigudla Narsimulu under a registered document and when he went to the said land, the deceased opposed and warned him not to interfere. Further, the said Kodigudla Narsimulu asked A-1 to A-3 either to deliver the land to his possession or for refund of the money. On that issue, A-2 and the deceased quarrelled. Later, the deceased filed O.S.No.8 of 2011 and Kodigudla Narsimulu also filed O.S.No.18 of 2011 on the file of Junior Civil Judge, Narsapur. On 12.08.2011, while the deceased and his son were cultivating the land, A-2 and A-3 threatened them to kill them if they enter into the field again. Later, A-2 and A-3 decided to kill the deceased, contacted their relatives A-4 and A-5 on phone and on 13.08.2011, A-4 to A-6 went to Venkatraopet village on Bajaj Chetak Scooter of A-6, hatched a plan and waited for arrival of deceased/Balaiah, who would pass from infront of the house of the accused. At about 12 Noon, when the deceased was passing on the road, A-3 sprinkled chilly powder into the eyes of the deceased and A-1 attacked the deceased with an axe, while A-4 to A-6 attacked him with sticks and beat indiscriminately and caused severe injuries on the head, face and further, A-2 picked up a stone and dropped it on the face of the deceased. Further, A-1 also beat PW-2/the daughter in law of the deceased at the scene of offence, who in turn, rushed to the nearby hotel of Gandi Yada Goud and informed about the incident to others. By the time PW-2 and others reached the scene of offence, the accused persons escaped. Later, the deceased succumbed to injuries, while being shifted to Government hospital, Narsapur in 108 Ambulance.

3. Basing on the complaint of PW-1/the son of the deceased, a case was registered against A-1 to A-6 for the offences punishable under Sections 147, 148, 302 and 323 r/w. Section 149 of IPC. During the course of investigation, the investigating officer examined the witnesses, recorded their statements under Section 161 Cr.P.C., conducted inquest over the dead body of the deceased, forwarded the dead body for postmortem examination, observed the scene of offence, prepared crime report, affected arrest of the accused, recorded their confession statements, seized the material objects and after receiving the medical and FSL reports, laid charge sheet against the accused for the above said offences.

4. During the course of trial, charges were framed against the accused for the above said offences and all the accused denied the charges levelled against them and claimed to be tried. On behalf of the prosecution, PWs.1 to 10 were examined and Exs.P-1 to P-10 and M.Os.1 to 12 were marked. The accused were examined under Section 313 Cr.P.C. and they all denied the incriminat