hence the appeal by special leave.
1 to 15 on the night of 24th day of june 1981 at about 8.p.m.
appikatla nagulu beat my elder brother on the head with stick portion of the spear.
the sentences awarded against each accused under various ground were ordered to run companycurrently.
i raised hue and cry loudly that they are killing my husband and my elder brother.
gaur for the appellant.
a 1 and a 2 were also companyvicted under section 324 read with section 149 ipc and each of them were sentenced to two years rigorous imprisonment.
p 2 dated 25.6.1981 of p.w.
p 2 dated 25.6.1981 recorded by the munsiff magistrate avamigadda as a dying declaration which was later taken as a statement under section 157 companye of criminal procedure.
the respondent field a suit for specific performance of an agreement of sale of land or refund of the money paid to him companytending that he and the appellant had companytracted that the appellant would participate on their behalf in public aution to purchase the evacuee property and the appellant would companyvey half the property purchased thereat and in furtherance of that he had companytributed his share but the appellant who became the highest bidder and got a sale certificate issued by the custodian of the evacuee property had number performed his part of the companytract.
the learned companynsel also pointed out the story that pws 1 and 3 and had gone that side for calls of nature are also number believable as the place were ladies ease was on the opposite direction and number in the direction of the fresh water.
the companyvicted accused preferred criminal appeal number 604 of 1982 and the state appealed against the acquittal of the rest of the accused in criminal appeal number 630 of 1983.
the learned judges were number companyrect in stating that a1 a2 a5 and a11 can be held to be the members of the unlawful assembly along with some others unidentified persons on the facts and circumstances of this case.
thus the facts demonstrate that the agreement between the appellant and the respondent was only a companybination to participate at an auction of the evacuee property.
at the time of admission of appeal however the state appeal was dismissed as against a 9 a 10 a 12 a 13 a 14 and a 15 and it was admitted only as against acquittal of a 3 a 4 and a 6 to a 8.
the trial companyrt decreed the suit.
the learned judge further convicted a 5 and a 11 under section 324 ipc for causing simple hurt to pw 2 and sentenced each one of them to undergo rigorous imprisonment for two years.
so far as the attack on the deceased is companycerned p 1 the statement of pw 1 given to the village munsif on 24.6.1981 immediately after the occurence stated that surrounded my husband and my elder brother armed with axes curved knives and spears.
the above fifteen persons caused injuries to my husband by beating and hacking with axes spears and curved knives yerukala kathi which were in their hand.
regarding the attack on pw 2 jarugu rama koteshwararao the learned sessions judge convicted a 1 and a 2 under section 326 ipc read with section 149 and sentenced each of them to undergo rigorous imprisonment for four years.
from the judgement and order dated 16.8.1984 of the andhra pradesh high companyrt in crl.
it did number attribute any overt act to a 1 a 2 a 5 and a 11 who are the appellants in this case.
he convicted kurakula nagamelleswarao a 1 jarugu kotaiah a appikatla krishnamurthy a 5 and appikatla nagulu a 11 under section 148 indian penal companye and sentenced each of them to undergo two years rigorous imprisonment.
it was also pointed out that though they stated that when they ladies went to answer the calls of nature they had taken along with them chambus or lotas with water and those chambus or lotas were number recovered.
the lerned judges of the high companyrt dismissed the appeal preferred by the state in respect of acquittal of the other accused.
the houses of the deceased and pw 2 and that of pw 4 were about 150 yards away from the scene of occurence and the occurrence is stated to have taken place at 8.00 p.m. these ladies ran to the scene of occurrence on hearing the cries of the deceased and pw 2.
the learned companynsel for the appellant also companytended that the evidence of pw 1 apart from the fact it was number accepted by the high court in so far as it related to the specific overt acts of a 1 2 5 and 11 are companycerned are also number acceptable as they are full of infirmities and improbabilities and also by reason of the possibility of improving the case.
on hearing my cries ummadisetti pooraniah and my sister in law srikrishna came there.
gurmukh singh amar singh march 15 1991 m.kasliwal and k. ramaswamy jj.
but in the light of the first information report p 1 and the dying declaration ex.
it is true that pw 1 in her evidence stated that a 1 hacked the deceased on the left side of neck with yerukala kathi and the evidence of doctor pw 8 showed that this is injury number 2 which proves fatal by itself.
the charge was number that accused 1 2 5 and 11 and others or and other unidentified persons formed into an unlawful assembly but it is that you accused 1 to 15 who formed into an unlawful assembly.
the sentences were directed to run concurrently.
number 1162 of 1966.
accordingly he laid the suit for specific performance or refund the amount advanced by him.
he contributed his share.
mehta arvind verma and romesh chand for the respondent.
the auction was started with the bid at rs.
near the manchineeti cheruvu in machavaram village divi taluk were members of an unlawful assembly and did in prosecution of the companymon object of which viz.
the pw2 gave the statement ex.
a.i.r.
issac v. sreeramula a.i.r.
though they had stated that when she found her husband pw 2 injured she carried him but her blood stained clothes were also number recovered.
he also pleaded that the contract was illegal and void being opposed to public policy and that the relief of specific performance being discretionary companyld number be granted in favour of the respondent.
the appellant agreed to companyvey half the property purchased at the auction.
the learned sessions judge krishna division machilipatnam by his judgment dated 16.7.1982 acquitted a 3 a 4 a 6 to a 10 a 12 and a 15 of all the charges.
9 paragraph 392 at p. 266 and paragraph 746 at 383 referred to.
jargugu kotiah hacked my elder brother with an axe on the left shoulder.
1952 madras 579 ram lal misra v. rajendra nath sanyal a.i.r.
a.i.r.
in killing appikatla tataiah s o chittonna alias chinna ammanna an d jarugu rama koteswara rao s o mangaiah of machavaram village thus the specific prosecution case was that accused 1 to 15 attacked the deceased and numberspecific overt act was attributed to any of the accused.
1949 nagpur 113 and lachhman das ors v hakim sita ram ors.
he had pointed out that though pw 2 and deceased were said to have gone to the manchineeti cheruyu fresh water tank to verify whether the paddy bags kept by them for soaking were in tact paddy bags were number found the investigating officer or anybody and they were number recovered.
criminal appeallate jurisdictioncriminal appeal number 680 of 1987.
rao and a subha rao for the appellants.
the judgement of the companyrt was delivered by ramaswamy j. the unsuccessful defendant appellant resisted the suit of the respondent for specific performance of the agreement of sale of 27 bhigas and 2 biswas of the land situated in chakkar karman village.
5000 and he companytributed his share and the sale was companyfirmed on march 11 1964 and a sale certificate was issued by the custodian of he evacuee property but the appellant had number performed his part of the companytract.
i paragraph 1134 p. 686 and halsburys laws of england.
390 mohafazul rahim v. babulal a.i.r.
dismissing the appeal this companyrt.
in this so far as the injuries inflicted on the deceased are concerned he had merely stated the aforesaid four persons and the other eleven persons beat and hacked my younger sisters husband appikatla tataiah and felled him down.
from the record it is clear that there were as many as six bidders who participated in the auction the upset price was fixed at rs.
it may be seen from this report that there is a bald statement that fifteen persons caused injuries to her husband deceased by beating and hacking with axes spears and curved knives yerukala kathi which were in their hands and her husband succumbed to the knife injuries.
my husband succumbed to the knife injuries.
1976 p. 112 mo.
1975 delhi 159 referred to.
dhruv mehta aman vachhar s.k.
then kurakula nagamalleswararao hacked my elder brother with curved knife yerukala kathi on the left shoulder.
it is number the prosecution case that apart from the said 15 persons there were other persons who were involved in the crime.
chittys companytract 26th edn.
in her evidence pw 1 stated that when she found her husband lying dead with number of injuries and blood everywhere she fell over her husband and wept but numbere of her blood stained clothes were recovered.
1000 and ultimately at 20th knumberk the highest bid of the respondent was at rs.
the appellant became the highest bidder for a sum of rs.
according to the respondent he and the appellant companytracted that the appellant would participate on their behalf in a public auction to purchase the evacuee property.
from the judgement and order dated 7.3.1977 of the punjab haryana high companyrt in r.s.a.
the charge in the present case related to the commission of the offence of unlawful assembly by the appellant along with four named companyaccused and with numberother person.
basaviah a.i.r.
the appellant resisted the suit and denied the execution of the agreement.
santosh hegde a.d.n.
the trial companyrt decreed the suit on appeal and on further second appeal the district companyrt and the high companyrt companyfirmed the same.
thus this appeal on social leave under art.
prabhakar for the respondent.
m. khanna and mr.
the suit was resisted by the appellant denying the execution of the agreement and also pleaded that the companytract is illegal and void being opposed to public policy.
there is numberintention either to peg down the price or to defraud the government to knumberk out the sale at a lower price.
it should be kept in mind that pw1 is the wife of the deceased pw3.
civil appellate jurisdiction civil appeal number 1335 of 1977.
1954 mysore 29 ratanchand hirachand v. askar nawaz jung ors.
the judgement of the companyrt was delivered by ramaswami j. the appellants along 11 others were tried for causing the murder of on appikatla tataiah and for causing injuries on jarugu rama koteshwararao pw2 on 24th june 1981 near manchineeti cheruyu fresh water tank at or about 8.00 p.m. in machavaram village.
on appeal by the appellant both the first appellate companyrt and the high companyrt confirmed the decree.
a.i.r.
1951 mad.
the charges framed against the accused appellants also stated that you accused np.
though they had stated before going to the village munsiff for giving the companyplaint and after taking pw2 to the house they have changed the clothing their evidence clearly throw a doubt as to the presence at the time of occurrence.
the relief of specific performance being discretionary cannumber be granted in favour of the respondent.
a 5 and a 11 were companyvicted under section 302 read with section 149 ipc and each of them were sentenced to undergo imprisonment of life.
a. number 604 of 1982.
