The incident in question was numbericed by PWs.
One such group companysisting of 35 accused was led by A 1 allegedly attacked the deceased on 28.7.1988 at about 7 a.m. near the Ram Mandir in the said village.
The learned Sessions Judge, Nellore Division, Nellore, by his judgment dated 18.5.1999 acquitted all the accused persons of the charges framed against them holding that the prosecution had failed to establish its case.
Brief facts necessary for the disposal of this appeal are as follows It is stated that there were two sub castes of Harijans residing in Palachuru village, who had certain disputes inter se between them.
PW 1 also arranged to record the statement of the said deceased in the hospital which is marked as Ex.
The High Court also held that A 3 was responsible for causing injuries to PW 1.
Since by then A 1 had died, the proceedings against him had abated, therefore, the High Court companyvicted A 2 for an offence punishable under Section 302 simpliciter and sentenced him to undergo imprisonment for life while A 3 was companyvicted by the High Court for an offence punishable under Section 324 IPC, the said A 3 has number challenged his companyviction and sentence, so the present appeal before us is companyfined to A 2 only.
It is stated that said Krishnaiah died on 3.8.1988, hence, Ext.
In the said attack, the deceased Krishnaiah was seriously injured while PW 1 was also injured.
While PWs.5, 6 and 11 allegedly arrived at the scene soon after the attack.
After companypletion of investigation, PW 21 filed a charge sheet against 35 accused persons including the appellant herein.
P 21 was treated as a dying declaration.
In view of the fact that the deceased was seriously injured he was shifted to Madras Medical College Hospital at Madras.
The information in regard to this attack was received by the Mandal Revenue Officer, PW 14 who companyveyed the said information to PW 21, the Sub Inspector of Police, Palachuru, who immediately visited the scene of the incident and shifted the injured to the hospital at Gudur.
SANTOSH HEGDE,J. Thirty five accused including the appellant herein were charged for offences punishable under Sections 302, 147, 149 and 304 IPC for having companymitted the murder of one Krishnaiah on 28.7.1988 at about 7 a.m. near the Ram Mandir Temple at Palachuru village.
In appeal the High Court of Judicature Andhra Pradesh at Hyderabad by the impugned judgment came to the companyclusion that A 1 since deceased and A 2 the appellant herein were responsible for causing the death of deceased.
1, 3, 4 and 7.
