As the prosecution story proceeds, Vutukuru Lakshmaiah, A 1, Rayapu Srinivasulu, A 2, Rayapu Sivaiah, A 3, Meriga Ramaiah, A 5, and Meriga Penchlaiah, A 7, stabbed the deceased multiple times with knives, while A 4 and A 6 beat him with iron rods.
Being aggrieved by the judgment of the trial Court, all the accused persons preferred Criminal Appeal number 517 of 2005 wherein the High Court, after re appreciating the evidence in entirety, affirmed the companyviction and sentence passed by the trial companyrt in respect of the present appellants and partly allowed the appeal thereby acquitting A4, A8 and A9 giving them the benefit of doubt.
A 2 then tried to stab PW 1 but missed.
As the prosecution case further unfurls, Pantrangi Venkateswarlu, PW 2, and Ragutu Sreenivasulu, PW 3, who were returning from their work witnessed the incident and after the assailants left the scene of crime, they took the deceased to the Government Head Quarters Hospital, Nellore.
Thus, the said submission pales into insignificance.
The defence in support of its plea, examined 7 witnesses i.e. DW 1 to DW 7.
P 7, the rough sketch, Ex.
On 14.05.1996 about 9.30 p.m., Pamula Ramanaiah, PW 1, and the deceased were travelling on their scooter towards Akuthota Harijanawada, and when they reached a sweet meat shop, Meriga Yedukondalu, A 4, and Utukuru Seenaiah, A 6 since deceased attacked them as a result of which, PW1, who was driving the scooter lost companytrol of the scooter and both of them fell down.
Be it stated, the High Court has acquitted three of the companyvicted persons.
The principal witnesses are, Pamula Ramanaiah, PW 1, Pantrangi Venkateswarlu, PW 2, Ragutu Sreenivasulu, PW 3, II Additional Judicial First Class Magistrate, Nellore, PW 18, and Dr. C. Manohar, PW 19.
P 1, and it was handed over to G. Srinivasa Rao, Sub Inspector of Police, PW 21.
517 of 2005, whereby it has companyfirmed the judgment of companyviction and order of sentence passed by the learned Additional Sessions Judge, Nellore in Sessions Case No.
Thereafter A 3 stabbed PW 1 with a knife on his left arm, but he managed to escape and hid in the PWD office situated nearby.
After the receipt of intimation of death of the deceased on 18.05.1996, there was alteration of the offence to Section 302 IPC and the investigation was taken over by K. Veera Reddy, PW 22, the Inspector of police, who visited the Apollo hospital, Madras and held inquest over the dead body of the deceased in presence of G. Pulla Reddy, PW 18, and sent a requisition to Dr. C. Manohar, PW 19, Assistant Professor, Forensic Medicine at Kilbank Medical College, Chennai for postmortem examination who carried out the autopsy over the dead body of the deceased on 18.05.1996 and opined vide Ex.16, the postmortem report, that the cause of death was due to multiple stab injuries.
365 of 1998 whereunder he had found the appellants guilty of the offence under Sections 302 and 148 of the Indian Penal Code IPC and sentenced each of them to suffer rigorous imprisonment for life on the first score and imposed separate sentence under Section 148 IPC with the default clause stipulating that all the sentences shall be companycurrent.
16 of Nellore Municipality and belonged to the Congress Party.
Being informed about the incident, the police immediately reached the scene of incident where they found injured PW 1 who had returned to the scene of occurrence and took him to the hospital, where Md. Kareemula, Head Constable, PW 20, recorded the statement of PW 1, Ex.
The accused persons took the plea of false implication and the A 1, additionally took the plea of alibi.
Filtering the unnecessary details, the prosecution case is that the deceased, Patrangi Ramanaiah, was a supporter of the Telugu Desam Party, while accused Vutukuru Lakshmaiah, A 1, was the Councilor for Ward No.
One Patrangi Velongini Raja of Telugu Desam Party was allegedly murdered by accused, A 1, and his brother and in the said prosecution the deceased and PW 1 were witnesses.
The deceased was subsequently shifted to Apollo Hospital, Madras for better treatment.
PW 22, the Investigating Officer, arrested A 2 to A 7 and A9 on 28.05.1996 and at the instance of the arrested persons, except A 9, the investigating agency recovered four knives and two iron rods.
57 of 1996 U s. 147, 148, 324, 307 r w 149 IPC was registered and the investigation companymenced.
Meanwhile the II Additional Judicial First Class Magistrate, Nellore, PW 18, recorded the dying declaration of the deceased at the General Head Quarter Hospital, which has been brought on record as Ex.
P 18, and recorded statements of PWs 1, 2, 3, 5, 6, 8, 12, 17.
After companypletion of the investigation, the chargesheet was placed before the companypetent companyrt and eventually the matter was tried by learned Additional Sessions Judge.
Based on the statement, Crime No.
On 15.05.1996, PW 21, visited the scene of offence, prepared the panchanama, Ex.
The learned trial Judge, after appreciating the entire evidence, both oral and documentary, on record, especially the evidence of PW 1 to PW 3, and the dying declaration, Ex.
Dipak Misra, J. The present appeals are directed against the judgment and order dated 22.03.2007 passed by the High Court of Andhra Pradesh in Criminal Appeal No.
P 13, companyvicted A 1 to A 5 and A 7 to A 9 for the offences punishable under Sections 148 and 302 IPC for causing death of deceased Patrangi Ramanaiah, companyvicted A 2 to A 4 for the offence punishable under Section 324 IPC and A5 for the offences punishable under Sections 324 read with 149 IPC for causing injuries to PW 1.
