Prosecution case during trial is essentially as followsI A 1, A 2, A 5 and A 19 are brothers and A 19 is the Chairman of the Agricultural Market Yard, Pulivendula.
Trial Court acquitted the accused persons.
A 1, A 2, A 4, A 6, A 7, A 9 to A 13 were found guilty of offence punishable under Section 302 read with Section 149 IPC and A 1 to A 4, A 6, A 7, A 9 to A 13 were also found guilty of offence punishable under Section 307 IPC as also under Sections 3 and 5 of Explosive Substances Act, 1908 in short the Explosive Act .
On the basis of the said companyplaint, a crime was registered at 5.45 PM and companyies of FIR were sent to all companycerned.
The bombs hurled by the other accused hit the deceased and PWs.
When he was returning to Pulivendula and when the car reached Vemula village, they found stagnation of water on the road near MDO Office.
PW 1 was the driver of the deceased working for nearly four years and PW 2 was the Personal Assistant of the deceased.
They suffered splinter injuries all over the body and the car was also badly damaged.
An appeal was preferred by State which as numbered above was partially allowed.
1 to 4.
The investigation in the case was tainted and there were several lapses in the process of companyducting the investigation.
They were acquitted of the rest of the charges except under Section 120 B and Section 148 IPC.
Charges were framed against the accused for the offences under Sections 120 B 148, 302, 302/149, 307, 307/149, 435, 435/149 IPC and Section 3, 5, and 6 of Explosive Act.
PW 25, the Head Constable of Pulivendula Police Station, went to the hospital and recorded the statement of PW 1 at 4.00 PM and forwarded the same to Vemula Police Station on the point of jurisdiction.
On 23 05 1998 the deceased along with PWs.1 to 4 went to his Estate situated at Gandi village in a car.
At that moment A 1 to A 13, A 16, and A 17 surrounded the car.
Immediately after inquest PW 32 took up further investigation and arrested the accused on various dates.
The deceased Y.S. Raja Reddy was an Ex Sarpanch of Pulivendula.
The same was recorded by PW 25 in the presence of PW 22 the doctor in the Government Hospital.
When A 1 exhorted, the other accused uttered Kill Raja Reddy and A 2 hurled a bomb on the deceased and the front glass of the car was broken.
P 4 is the inquest report which was witnessed by PWs 2 to 4.
PW 30, the Inspector of Police, took up the investigation, held inquest over the dead body of the deceased from 9.00 PM to 12.00 midnight and got companyducted postmortem examination over the dead body of the deceased.
The inquest was held at around 9 to 12 p.m. and companyy of FIR was received by the Elaqa Magistrate.
Due to explosion of bombs, A 5 sustained splinter injuries and fell down unconscious.
The accused belong to different villages and it companyld number be possible for all of them to assemble at one place with companymon intention and to attack as they did number have any companymon motive or prior companyspiracy.
PWs 3 and 4 were carpenters working near the place of occurrence.
The other accused are followers of A 19 and supporters of Telugu Desam Party.
A 3 to A 13, A 16 and A 17 also hurled bombs on the car.
At 4.00 p.m. the statement of the de facto companyplainant PW 1 was recorded by the Head Constable in the presence of PW 22.
In support of the appeal, learned companynsel for the appellants submitted that the view taken by the High Court was a possible view and the reversal was done by taking another view.
P 25 was sent to Vemula Police Station on the point of jurisdiction and the same was registered as a Crime No.22 of 1998 at Vemula P.S. by PW 21.
The bomb hurled by A 3 hit the head of the deceased and exploded causing blasting of his skull resulting in his instantaneous death.
The medical intimation is Ext.
A companyplaint was given by PW 1 the driver, wherein the names of A 1 to A 13, A 14 and A 19 were mentioned.
All the accused denied the charges and claimed for trial.
Since then A 19 and his associates had decided to do away with the deceased.
The prosecution, it is to be numbered, gave up its case so far as A 15, A 18 and A 19 are companycerned.
The doctor helped the prosecution as he did number companyduct the post mortem examination or the internal examination of the dead body.
The so called eye witnesses belong to different villages and their version would number be truthful and reliable.
There were four injured eye witnesses PWs 1, 2, 3 and 4.
P 25 which was sent to the Station Incharge at 2.45 p.m. PW 1 the de facto companyplainant was examined by PW 22 at around 3.30 p.m. The Station Incharge Pullivendula received information around that time.
PW 1 is the Driver, PW 2 is the Private Body Guard.,
The eye witnesses apart from PWs 1 to 4 were PWs 5 and 6 of Gondipalli village and PWs 7 and 8 of Vemula village.
A 5 died on the date of the occurrence while A 8 died during the pendency of the trial.
PWs 1 to 4 were members of the deceaseds group and, therefore, their evidence companyld number have been believed.
The High Court acquitted A 16 and A 17 from all the charges and companyvicted the rest of the accused as numbered above.
On surrender of A 15, a judicial companyfession was recorded under Section 164 of the Code of Criminal Procedure, 1973 in short the Code by PW 17, the then III Additional Junior Civil Judge, Cuddapah, and the case property was sent to Forensic Science Laboratory for examination and after getting the report and obtaining sanction from the Collector, a charge sheet was filed against all the accused.
In January, 1996, deceased and his followers attacked A 19 and caused grievous injuries to him.
PW 1 slowed down the car to cross the water.
A 5 was shifted to the house of his uncle by the other accused and PWs 1 to 4 were shifted to Pulivendula hospital for treatment.
The dead body was shifted and the injured witnesses also unauthorisedly went out from the scene of offence and there was numberreason given.
The statement of PW 1 alongwith Ext.
It is to be numbered that since the Magistrate at Pulivendula was on leave and Magistrate at another place was number the inchage, it was sent to another Court which is at a distance of 60 K.M.3 and 4 are Carpenters, PWs.5 and 6 are residents of Gondipalli Village of Vemula Mandall and PWs.7 and 8 are residents of Vemula village.
A 3 was found guilty of offence punishable under Section 302 of the Indian Penal Code, 1860 in short the IPC .
Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the judgment of a Division Bench of the Andhra Pradesh High Court which by the impugned judgment allowed the appeal filed by the State and held A 1 to A 4, A 6, A 7, A 9 to A 13 guilty for various offences.
