In mob violence cases, individual liability cannot be substantiated without evidence of a common object; convictions must rely on specific overt acts attributed to individuals.

JUDGMENT :

K.Surender, J.

The Criminal Appeal No.1188 of 2017 is filed by the appellants/accused Nos.8 and 9, Criminal Appeal No.1194 of 2017 is filed by the appellants/accused Nos.16, 35 and 36, Criminal Appeal No.1359 of 2017 is filed by the appellants/accused No.4, and the Criminal Appeal No.174 of 2018 is filed by the appellants/accused Nos.1, 2, 5, 7, 15, 20 and 22, aggrieved by the judgment dated 25.09.2017 in S.C.No.45 of 2014 on the file of the Special Sessions Judge for Trial of cases under the SCs and STs (PoA) Act-cum-VIII Additional Sessions Judge, Nizamabad.

2. Since all the appeals are filed questioning the judgment passed by the learned Sessions Judge in S.C.No.45 of 2014, all the appeals are being disposed off by way of this common judgment.

3. PW.1 is de facto complainant, who was working as Forest Beat Officer, Gouraram Village, Indulwai Range. He went to the police station at 4.30 A.M., and lodged a Telugu written complaint. In the complaint, PW.1 narrated that the villagers of Gouraram Village protested before the Forest Range Office, threatening the officials of forest department. The villagers were agitating for allotment of surplus lands to them for the purpose of cultivation. On 14.09.2013, at around 10.00 P.M., while he along with the Forest Range Officer/Gangaiah (hereinafter referred to as ‘the deceased’), and other officials who are PW.2, PW.3, PW.6, PW.7 and PW.8, along with other forest office personnel proceeded to the Forest Range Officers’ Jeep to Gouraram Reserve Forest area, around 11.45 P.M. When they reached the Reserve Forest area, they noticed that 27 villagers who are named in the FIR and others encroached the Forest Area Land and were cultivating with tractors. On seeing the forest officials, the named accused and other persons have signaled among themselves and all of them attacked the forest officials. The accused were holding sticks. The deceased/Gangaiah, was also present and women folk sprinkled chili powder in deceased’s eyes and the male persons attacked the deceased with an axe and dragged him out of the jeep. As a result of the attack on his head with an axe, the deceased/Gangaiah died on the spot. Other office personnel were also injured. They were also treated by Doctor for injuries.

4. On receiving the complaint, PW.24, the Circle Inspector of Police, Dichpally, went to the scene of offence, drew rough sketch and conducted scene of offence panchanama. Material objects, which are one pair of chappal, sticks, etc., were seized. Inquest proceedings were concluded at the scene and the dead body of the deceased was sent for post- mortem examination. The post-mortem was conducted by PW.16, who issued post-mortem report opining that the death of the deceased was on account of grievous injuries. Death was due to polytrauma with head injury due to intra cranial hemorrhage. PW.16 further opined that injuries were possible with sharp weapon.

5. The investigation was handed over to PW.25 by PW.24. During investigation, on 21.09.2013, seizure of the material objects was effected at the instance of accused Nos.1 to 4, 15, 19, 25 to 28, and the confessional statements of the accused were recorded. On 23.09.2013, accused Nos.5, 7, 14, 16, 20, 22 to 25, and 37 were arrested. Witnesses examined for prosecution are as under: