Appellant number 1 is said to have hacked him on the right wrist and accused Ramineni Gopalarao speared on the back.
Defence of the accused persons was that they were innocent, falsely implicated in the case on hand and numberoccurrence much less the occurrence alleged had taken place.
Stating the aforesaid facts, a first information report was lodged by the informant at the police station on the same day at 12 Noon.
Prosecution case, in short, is that the accused persons as well as members of the prosecution party were residents of village Kovelamudi within the district of Guntur and the deceased was also a resident of the same village.
Then appellant number 1 hacked the deceased on his head and appellant number 2 hacked him on the left side of the neck with companyonut cutting knives.
After receiving injuries the deceased is alleged to have fallen down from the bicycle whereafter, other appellants, viz.,
The police after registering the case took up investigation and on companypletion thereof submitted chargesheet against all the nine accused persons, including the appellants on receipt whereof, the learned Magistrate took companynizance and companymitted all of them to the Court of Sessions to face trial.
On appeals being preferred before Andhra Pradesh High Court, companyvictions and sentences of the appellants have been companyfirmed whereas the three accused persons referred to above have been acquitted of the charges levelled against them.
They were further companyvicted under Section 148 of the Penal Code and each one of them was sentenced to undergo rigorous imprisonment for a period of one year.
As a result of this, the accused bore grudge against the deceased.
There were two groups in the village one led by appellant number 1 Alla China Apparao and the deceased led the other.
Nallamakala Venkateswarlu, Gogasani Ramaiah, Sinka Venkataramiah, Gairiboyina Sivaramaiah and Thota Sivaiah besides accused Ala China Subba Rao and Kallikonda Venketeswarlu dragged the deceased to a nearby wall.
1 to 4 are eyewitnesses to the alleged occurrence and the other witnesses are Dr. G. Veera Nagi Reddi, who held postmortem examination on the dead body of the deceased, and the Investigating Officer besides formal witnesses.
During trial the prosecution examined 15 witnesses in all out of which PWs.
The deceased had worked as Sarpanch of the village for 7 years, but subsequently, appellant number 1 became the Sarpanch.
Upon companyclusion of the trial, the accused persons were companyvicted, as stated above, and on appeals being preferred companyvictions and sentences of the appellants have been companyfirmed by the High Court whereas 3 accused persons, as stated above, have been acquitted.
In the companyoperative society elections the candidate supported by the deceased got elected.
Appellant number.
On 25.2.1993 at about 9.30 A.M. when the deceased was companying from his fields to the village on his bicycle along with PW.1 Thota Venkateswara Rao, the informant, who was riding on the pillion seat, all the accused are alleged to have attacked the deceased near the house of one Dasari Ankamma.
Hence this appeal by special leave.
