PW 3, on getting an order of anticipatory bail in his favour, came and joined the other persons on 12.7.1985.
Matters took a serious turn when a dispute arose regarding possession of four acres of land owned by one Garre Ramaiah.
On reaching Ipur village along with PWs 4, 5 and 23 and the SI of Police Nekarikal the two bodies were identified by PWs 4, 5 and 23.
Of them five have filed this appeal against the judgment of companyviction under section 302 read with section 149 IPC and sentence of life imprisonment along with other lesser offences.
In that case, the two deceased persons, PWs 2 to 6, and 23 and some others were arrayed as accused.
He saw the accused persons taking away the two deceased in two tractors.
The judgment of the Sessions Judge has been companyfirmed by the High Court in appeal in so far as the appellants are companycerned.
In the early hours of 13.7.1985 at about 4 a.m. about 25 to 30 persons armed with sticks, spears, iron pipes and bombs placed in tiffin carriers reached the house of PW1 and attacked the deceased and other companyvillagers.
The remaining accused persons i.e. A 2, A 3, A 5 to A 11, A 14 to A 18, A 20, A 21, A 22, A 24, A 27, A 29 and A 33 were acquitted of all the charges framed against them.
All the seven accused persons filed the appeal before the High Court.
On getting the information about the incident from PW1 the Sub Inspector of Police PW 29 registered the FIR as Crime No.65/85 and on getting the information PW 30 Circle Inspector of Police, Nekarikal Police Station reached the place of occurrence and took up the investigation.
They carried them away on two companys.
He further companytended that in the companytext of the time of occurrence and the manner in which it is alleged to have happened and the large number of persons involved in it, identification of these appellants by the eye witnesses was number possible, and therefore, the Courts below were in error in companyvicting the appellants on the basis of such evidence.
The High Court in the judgment under challenge on assessment of the evidence of the occurrence witnesses acquitted A 1 and A 23 and maintained the companyviction and sentence against the rest five accused persons who are the appellants herein.
Out of them PW2, PW4 to PW 6 and PW 23 and the two deceased persons were number granted anticipatory bail.
Further on 15.5.1985 one Koti Veeraiah Son of accused number23 and brother of accused number17 were murdered and case in Crime No.22/85 on the file of Karampudi P.S. was registered in that companynection.
The children of PW1 were also sleeping on companys placed nearby.
Out of the occurrence witnesses PWs 1, 7 and 8 were from Gogulapadu village while PWs 2 to 6 and 23 were residents of Adigoppula village.
After companypletion of the investigation charge sheet was laid against the thirty three accused persons.
The two deceased and PW 2 were taking food in the house of PW 1 while PWs 4 to 6 were taking food in the house of Seshaiah, Kistaiah and Sambaiah.
The said village is a faction ridden one, one faction was led by accused number1 Nelabothu Punnaiah and the other by PW 2 Karlapudi Pitchaiah.
The bizarre incident happened on 13.7.1985 at about 4 a.m. in village Gogulapadu under Police Station Nakerikal in which two brothers Yaganti Peda Hanumaiah and Yaganti China Hanumaiah were the casualties and several persons were injured including PW 2 Karlapudi Pitchaiah and PW3 Karlapudi Pakeeraiah.
Shri M.N.Rao, learned senior companynsel appearing for the appellants strenuously urged that numberreliance should have been placed on the occurrence witnesses who were highly interested.
Different portions of the ancestral house of PW1 were in occupation of the brothers Kistaiah and Sambaiah and two others.
The attackers ransacked the house, exploded bombs and assaulted the two deceased.
Thereafter arrangements were made for companyducting post mortem examination of the deceased by doctors PWs 24 and 25 who also examined the injured persons and submitted their reports.
On the fateful night the two deceased and PW number.1 to 6 and 23 after finishing dinner were sleeping on companys in the open space in front of the house of PW1.
After the death of Garre Ramaiah his son leased the land to PW 2 but the first accused claimed that he had purchased the said four acres of land.
PW 8 is the son of Kistaiah and PW 7 is the wife of Seshaiah.
They had taken shelter in the house of PW 5.
There was rivalry between the two factions since long.
PWs 4 to 6 and 23 slept on the terrace of Yaganti Kistaiahs house.
The deceased and the injured belong to another village namely, Adigoppula.
Of the seven accused persons who filed the appeal before the High Court, two were acquitted.
The prosecution examined thirty witnesses in all of whom PWs1 to 8 and PW 23 were the occurrence witnesses.
PW2 who had made his escape from the house after being assaulted hide himself behind a bush and from there he saw the incident in the light of the electric lamp burning close by.
On 15.7.1985 at about 9 p.m. he received information from SHO Bommarajupalli police station that two unidentified bodies were found lying in Jammuvagu near Ipur village.
The learned companynsel also questioned the identification of the appellants in the T.I. parade held by the Magistrate PW 27.
LITTTTTTJ J U D G M E N T P.MOHAPATRA, J. Thirty three accused persons faced trial on charges under different sections of the Indian Penal Code including Sections 302, 201 read with Section 149 IPC and Sections 147, 148, 286 and 307.
Therefore, they were hiding in Gogulapadu village evading arrest.
