All the accused are residents of Gopalapuram village.
No.207 of 1995 against the accused for offences punishable under Sections 147, 148 and 302 read with Section 149 IPC.
The respondents filed an appeal before the High Court.
After that incident, the deceaseds family alongwith his brothers settled down at Hyderabad and was running a motor rewinding workshop.
Pattabhi Reddy deserted his wife Munemma, resident of Khajipalli village.
It is also suggested by the accused by way of defence that the incident did number take place in the manner suggested by the prosecution.
The marriage date was fixed as 31.01.1996.
1 and 2 are stated to be eye witnesses to the occurrence.
PW 6, the S.I. of Police, Cuddapah received an oral statement of the incident from PW1 at about 7.20 p.m. He reduced the oral statement into writing and took the signature of PW1 on the statement.
D1 and D2.
P 3 is the inquest report.
P 1 to P 18, whereas the accused examined DW 1 and 2 and they produced certain documents and they were marked as Ex.
The deceased was a resident of Khajipalli village.
On the strength of the report given by PW1, PW6 registered the case as Cr.
According to the observation, he issued post mortem certificate Ex.
Then all of them went to Venkateswara Cloth shop and again from there, they went to the medical shop of Raja Reddy and stayed there for sometime.
A 5 raised cries saying that catch hold of that fellow.
All of them companysumed tea.
On the date of the incident i.e. on 25.12.1995, the deceased went to his village from Hyderabad in the morning hours.
After filing of the criminal cases, the accused left Khajipalli and settled down at Gopalapuram.
In that regard, a criminal case was filed against the deceased family and that criminal case ended in acquittal.
At about 9.30 p.m. PW 6 visited the scene of offence and recorded the statements of PWs 1 to 3 and others.
After sometime Raja came to the cloth shop and they were talking to each other at the shop.
A 2 and A 4 are brothers of Pattabhi Reddy.
Finally the deceased fell in front of Lepakshi Emporium, on the road margin.
The deceased and PW 1 took Lingamappli bus at the village at about 8.30 A.M. and reached Cuddapah at 9.30 A.M. PW 1 and the deceased went to see one Raja Reddy, who happened to be the proprietor of Sangham Medical Stores, and they found that Raja Reddy was number available in the medical shop and then they went to Venkateswara Cloth Stores.
After sometime, PW1 came to the scene of offence and saw the deceased lying dead with bleeding injuries all over the body.
On 26.12.1995 PW7 the CI of Police, Cuddapah, held inquest over the dead body of the deceased in the presence of PW 5 and others.
About 18 years ago, A 8s brothers son by name Pattabhi Reddy married one Dumpala Munemma, resident of Khajipalli village.
When the deceased and PW 1 were climbing the steps of the said electrical shop, A 8 who is numbermore instigated the other accused and all the accused surrounded the deceased and took out daggers from their waists and stabbed the deceased.
The companyies of first information were sent to all companycerned.
Due to factions with the deceaseds family, the deceased left the village and migrated to Gopalapuram village.
After sometime, the deceased, PW1, Venkata Subba Reddy and Raja Reddy went to Manasa Hotel situated in Madras road.
As numbered above, the evidence of the eye witnesses was found to be credible, companyent and reliable and on that basis, companyviction was recorded.
After sometime the deceased took PW 1 and went to Patha Cuddapah to fix up the marriage date of his younger brother.
PW6 companylected MO 1 dagger and MO 2 right leg shoe from the scene of offence.
Munemma is related to the family of the deceased.
On 26.12.1995, PW 4, the Civil Assistant Surgeon, District Headquarters Hospital Cuddapah received a requisition from the Station House Officer, I Town Police Station, Cuddapah to companyduct autopsy over the dead body of the deceased.
At that time, i.e. around 6.00 p.m., Venkata Subba Reddy left the hotel to go to his village.
About 8 years prior to the murder of the deceased, A 2, A 4 and Pattabhi Reddy had stabbed PW3 and the deceased in a lane by the side of Sangham Lodge at Cuddapah.
PWs 1 and 2 are the brother in laws of the deceased and PW3 is the brother of the deceased.
Accused persons were residents of Khajipalli village.
The defence of the accused was of total denial.
Thereafter the deceased, PW 1 and Venkata Subba Reddy went to Mithen hotel for drinking tea.
Substance of the accusations, which led to the trial, is as follows.
When the deceased fell down, all the accused persons again stabbed the deceased.
One year thereafter Nimmakayala Gangireddy was murdered in Khajipalli village in the fields.
The deceased telephoned Raja Reddy.
Originally, all the accused were residents of Khajipalli village.
PWs 1 and 3 are also the residents of Khajipalli village.
PW 7, the CI of Police, Cuddapah, arrested the accused at Padagalapalli bus stop on 04.01.1996 at 10.30 a.m. Thus, on companypletion of investigation, he filed the charge sheet on 12.04.1996.
For the former offence, they were directed to undergo sentence of two years while for the latter offence, life imprisonment was imposed.
Due to that, there were differences between the accused and the deceased and also there were criminal cases filed against each other.
Thereafter, PW1 went to Cuddapah I Town Police Station for giving the report.
In order to substantiate the accusation, the prosecution examined PWs 1 to 7.
2 These two appeals, one by the companyplainant Dumpala Chandra Reddy and other by the State of A.P. question the companyrectness of judgment of a Division Bench of the Andhra Pradesh High Court, which, while holding that the respondents were responsible for causing the death of one Gangireddigari Kondareddy hereinafter referred to as the deceased companyvicted them in terms of Section 326 of the Indian Penal Code, 1860 in short the IPC instead of Section 302 IPC as was done by the Trial Court.
They produced certain documents and they were marked as Exs.
By that time, Venkateswara Reddy, a resident of Balisingapalli, was also present in the cloth shop.
Dr. ARIJIT PASAYAT, J. Heard learned companynsel for the parties.
PW 1 was frightened and ran to the numberthern lane of the road.
He companymenced the autopsy on the dead body of the deceased at about 12.40 P.M. and opined that the deceased died because of multiple injuries and the injuries to vital organs.
Thereafter, the deceased and PW 1 were going to Machupalle bus stand through Madras road with a view to catch the bus going to their village at about 6.30 p.m. With a view to take the cycle of Chinna Narsimha Reddy who happened to be the proprietor of Ayyappa Electricals, situated on the numberthern side of Madras road, they went to the said electrical shop.
At about 2.30 P.M. the deceased along with others went to the house of Rama Subba Reddy to fix up the marriage date of the brother of the deceased.
