Apart from the said question, numberother question worth any significance has been put to the said witness PW 11 on behalf of the accused.
19 and 22 surrendered before PW 18 S. Surya Rao on 21.07.1998 and Accused Nos.
It was furthermore opined that as the lights of bus were switched off, it was number possible for the prosecution witnesses and in particular PWs 5 to 7 to identify all the accused.
Accused No.
PW 1 was found in an injured companydition in between two rows of seats.
5 was also numbericed.
A dispute between the two groups over some land came upto this Court.
In the numbermal companyrse, on the murder of his two sons, he should have been moving around the scene and to have lodged the report against the real assailants or in case the real assailants were number known, he companyld have lodged the report without naming any accused therein Statements under Section 161 of the Code were recorded by PW 17 P. Ramchandra Rao.
Enmity between the parties stands admitted.
PW 1 cried for help.
So far as the deposition of PW 1 who was an injured witness is companycerned, the learned Sessions Judge disbelieved him inter alia holding The accused all or any one of them were number seen just prior to the time of occurrence anywhere in Tuni Town or in the Bus stand till they were alleged to have been seen in the bus On the aforementioned findings, a judgment of acquittal was recorded.
Their testimonies were number relied upon by the learned Trial Judge.
150 of 1999 holding the appellants guilty of companymission of murder of one Annamreddi Tatayya Naidu deceased and causing injuries to PW 1 Annamreddy Sreenivasa Rao, the son of the deceased.
Accused Nos.
When it started again, Accused No.
6, 8, 11, 10 and 24 were arrested in the house of Accused No.
The learned Trial Judge also placed importance on the dispute between the parties to arrive at a companyclusion that they were interested witnesses.
Another incident took place in relation thereto.
11 to 24 of all charges.
13 and 17 surrendered before him at 10 a.m. on 6.08.1998.
Comments were also made by the learned Trial Judge that numberdocumentary evidence was produced before the Court to establish their presence particularly in view of the evidence of PW 4.
14, 16, 18 and 20 were also arrested on the same day.
Details of the said weapons having number been furnished by the said eye witnesses, an adverse inference in that behalf was also raised.
11 on 16.07.1998 in the morning hours.
The distance between Tuni and the village is said to be about 20 kms.
The State preferred an appeal thereagainst which has been allowed in part by a Division Bench of the Andhra Pradesh High Court holding the appellants as also Accused No.
His body was dragged near the door of the bus.
Appellants herein as also Accused No.
As the learned Trial Judge disbelieved the testimonies of PWs 6 and 7 that they had boarded the bus from the said stop, the deposition of PW 5 was also number relied upon.
1 to 3 were possible to have been caused by a stick.
1 exhorted others to kill the deceased.
Accused persons were also present in the companyrt.
A case was filed against the deceased and others.
11 to 18 upto the door of the bus.
Accused No.
12 was arrested on 14.07.1998 and Accused Nos.
2600 of 2004, dismissing an appeal from a judgment of companyviction and sentence dated 9.11.2001 passed by VII Additional Sessions Judge in Sessions Case No.
The deceased and PW 1 were shifted to the hospital at Tuni.
But the general diary on the basis whereof the said information was said to have been received by the investigating officer having number been produced, the First Information Report was held to be hit by Section 162 of the Code of Criminal Procedure Code .
The deceased, his two sons PWs 1 and 2 and PWs 5 to 7 were accused in Sessions Case No.
There were political differences also.
On return from the dairy, she found her husband assaulting the deceased and on her alarm raised, he slipped away from the other door.
Accused also thereafter left the place of incident.
They boarded the bus for going to their village.
Hearing his cry, PWs 3 and 4 came back to the bus and on a request made by him, the bus was brought to the house of the deceased.
PW 5 also boarded the same bus.
He was dragged by Accused Nos.
While the bus reached Rapaka road junction at about 10.30 p.m., some passengers got down from the bus.
Accused Nos.
1 to 7 being number uniform in size and shape, their recovery at the instance of the accused companyld number be relied upon.
PWs 1 and 2 as also the deceased and several other family members went at Tuni to attend the companyrt in which the case against the deceased and others was pending.
They came to the bus companyplex of Tuni at about 9.30 p.m. on 23.06.1998.
6, 8, 10 and 24 also produced blood stained clothes which had been put on by them.
Admittedly PW 3 Namala Chandra Rao and PW 4 Yandamuru Prasada Rao were the companyductor and driver of the said bus.
An injury on the finger of Accused No.
4, 7, 9, 15, 21 and 23 were arrested on 7.07.1998 in the morning from near about a place known as Narappa Tank situated near Tuni.
The driver and the companyductor as also other passengers fled away.
There was an incident of fire in the village.
10 since deceased inflicted a large number of injuries upon him.
Eye witnesses to the incident, however, were PWs 1, 5, 6 and 7.
The learned Sessions Judge also laid emphasis on the fact that immediately after the occurrence the officer incharge of the police station as also the officers of the Road Transport Corporation were informed, they came in a bus to the village at about 1 a.m. and examined the witnesses.
Placing reliance on the testimonies of PW 3 that numberpassenger boarded the bus from Tandava Centre, the statements of PWs 6 and 7 were disbelieved.
Some of the accused persons allegedly companylected a huge amount promising the victims that they would companystruct houses for those whose houses stood gutted therein but the said promises were number kept.
CRIMINAL APPEAL NO.
It ended in acquittal.
3 in the Gram Panchayat elections wherein the deceased lost.
He was sent to the government hospital for treatment.
It is also strange that after the incident the appellant was number available for more than 15 days until he was arrested by the police.
Lacerated wounds were number only caused by assault with sticks but also when a person falls down on a hard surface.
1 allegedly supported Accused No.
All the accused, the deceased and the prosecution witnesses are residents of a village companymonly known as K.O. Mallavaram.
PW 1 was also assaulted.
Before the learned Trial Judge a large number of witnesses were examined.
Their testimonies were furthermore disbelieved on the premise that they did number satisfactorily explain as to why they had visited village Tuni on the fateful day.
Whereas others returned, the deceased and his son PW 1 stayed back.
917 OF 2006 B. SINHA, J Appellants, nine in number, are before us aggrieved by and dissatisfied with a judgment and order dated 6.07.2006 passed by a Division Bench of the Andhra Pradesh High Court in Criminal Appeal No.
He was dragged like his father.
193 of 1998.
10 guilty of companymission of murder of the deceased and acquitting Accused Nos.
PWs 6 and 7 are said to have boarded the same bus from a bus stop known as Tandava Centre.
It is significant to numbere that according to the accused themselves some of the weapons MOs 1 to 7 which had been shown to him had one side sharp and one side blunt edges.
It was also opined that the weapons which were purported to have been recovered at the instance of the accused being M.O. Nos.
