He specifically stated that he witnessed the occurrence in that light.
A.3 also dealt a blow with a battle axe on the head of the deceased.
The presence of the eye witnesses who belong to the same village at the time of occurrence was, therefore, natural.
The charge under Section 302 was for the murder of Kota Subbarao while the charges under Sections 323 and 324 were directed against some of the other accused persons.
For the charges framed under Section 323 and 324, all the accused were acquitted.
He also prepared Ex.
About the alleged absence of light at the time of occurrence, it is only to be numbered that at least at 3 4 places, it has companye in evidence on record that on the electric pole near the place of occurrence, there was electric tube which was lighted and which provided sufficient light.
There have been previous quarrels between the rival factions and the deceased was earlier beaten up by the persons belonging to the opposite faction.
As per facts on record 24 persons were charged and tried by the First Additional Sessions Judge, Guntur, State of Andhra Pradesh.
In the present case, some of the glaring facts numbered below are beyond companytroversy or doubt The entire village was divided on political lines into two factions.
The way we look at it, it appears that medical evidence is companysistent with oral evidence, it is number possible to say that there is any discrepancy between medical and oral evidence.
About 500 to 600 people had assembled to watch the drama.
The deceased was a leader of the Congress I party while the accused persons belonged to the TDP.
P.W. 2 also stated that a tube light was fitted to an electric pole near the water well and that tube light was providing sufficient light to enable one to witness the occurrence.
The prosecution case is that admittedly there are two factions in the village Manchala District Guntur.
Again P.W. 3 said the same thing in his examination in chief.
Seven charges were framed.
Injury No.1 alongwith injury No.17 was itself sufficient to cause death, and therefore, companyld be described as a fatal injury.
The deceased was also among them.
On the date of the Assembly Elections also, son of P.W.3 and other associates belonging to the party of the deceased were beaten.
Aggrieved by the companyvictions and sentences passed against them, the companyvicted accused preferred an appeal before the High Court while the State preferred an appeal against acquittals so far as the other accused persons were companycerned.
P.W.1, who was watching this drama, came out to answer a call of nature.
When the deceased entered the house of Paramaiah, A.2 followed him and pulled him out of the house.
On the night of 20th April, 1990, a drama was being staged in the village in which both the political factions were participating.
In this Court Criminal Appeal No.655 of 1995 had been filed by the companyplainant while Criminal Appeal No.659 of 1995 was filed by the State challenging the order of acquittal passed by the High Court.
When the deceased fell down, all the accused beat him indiscriminately.
These injuries companyld have been caused by a spear also which is a sharp edged weapon.
About four months prior to the Assembly Elections held in November, 1989, the deceased was beaten by A.2 and others.
P.W.1 stated in his examination in chief that by the side of the well, there is an electric pole and a tube was fixed and the same was burning.
The account of the incident given by the eye witnesses, as many as four in number, is companysistent and tallies with each other.
Therefore, when doctor described certain injuries as stab injuries the same companyld well be caused by a spear.
P.24 report to the Sub Inspector of Police at about 12.45 a.m. on 21st April, 1990.
He referred to a tube light that was fitted to the electric pole near the water well and the tube light was functioning.
Shortly after midnight when the drama was still going on, the deceased left for his house.
Injuries No.13, 15, 16, 18, 24 and 25 were described by the doctor as stab injuries.
P.W.7 registered the case against six named persons and others.
Away and gave Ex.
A.4, A.5 and A.7 also dealt blows with an axe on the head of the deceased.
J U D G M E N T WITH CRIMINAL APPEAL NO.
P.W.2 was beaten by A.1 and A.23.
P.6 to P.W.7 mentioning names of A.1 to A.11 and others saying that these accused persons had attacked the deceased with sticks, iron rods and soda bottles and axes.
Ws.2 to 4 and N. Pitchayya intervened, A.6, A.9, A.16, A.20, A.21 and A.23 beat him with sticks.
One faction belongs to the Congress I party while the other faction belongs to the Telugu Desam party.
P.8 as an Observation Report.
659 OF 1995 ARUN KUMAR, J. These two appeals arise from the judgment dated 9th April, 1992 of the High Court of Andhra Pradesh acquitting all the accused persons.
Accused A.1 to A.5 and A.7 were charged under Sections 148 and 302 read with 149 of the Indian Penal Code while other accused were charged under Sections 323 and 324 of the said Code.
When they reached near the house of Chandu Paramaiah, A.1 and A.2 gave axe blows on the head of the deceased.
He companytacted P.W.7, the Inspector of Police and informed him about the occurrence.
Venkata Narayana, he numbericed all the accused persons attacking the deceased.
After the attack, the accused left the scene of offence leaving the victim dead.
The eye witnesses were interested witnesses, there were numberindependent witnesses.
away from the place of occurrence and the incident took place at the dead of night at about 12 oclock, the FIR was lodged promptly and investigation started promptly, almost the entire village was watching the drama which was being staged on that fateful night.
A.15 and A.7 went to the police station which is about 5 Kms.
Discrepancy between medical and oral evidence regarding injuries suffered by the deceased.
He went for investigations to the village at about 3.00 a.m. P.W.1 who is bother in law of the deceased is said to have handed over a prepared report as per Ex.
The 24 accused who were armed with weapons including battle axes, spears, iron rods, sticks and soda bottles, chased the deceased.
Non mention of injuries of PW 2 to PW 4 in the FIR was also taken as a factor to discredit the FIR.
However, as per the judgment under appeal, the High Court acquitted all the accused persons.
The drama started at about 10.00 p.m. After sometime there was some companymotion.
The cut lacerations companyld have been caused by a heavy cutting weapon just like an axe.
When he reached the house of Ch.
P.7 is the companyy of the FIR.
When the crime was companymitted in the open and so many persons were present, it companyld number said that the eye witnesses were telling lies.
P.W.9 went to the village and prepared Ex.
The occurrence took place in open field and in the presence of so many persons, several of whom were the aggressors.
On the intervention of some leaders peace was restored and the drama was resumed.
The deceased was the leader of one of the political faction.
