13 of 1992.
1 to 6 with deadly weapons.
A 4 and A 6 were acquitted.
On instructions of the Joint Collector, Cuddapah, he companyducted inquiry about the activities of A1 in respect of his Fair Price shop and had sent a report to the said authority in the month of June 1990.
All the three got down at village Malapalli at 10.15 p.m. For going to village Gangireddigaripalli, they proceeded on the cart track.
After getting down at Rayachoti bus stand at 9.00 a.m., they met one Sadhu Anna Reddi PW5 .
This witness has also stated that on 25.9.1990, accused No.
1 was armed with spear, A2 and 3 were having hunting sickles, A4 and 5 were armed with daggers and A6 was armed with a metallic stick.
From there they went to the house of Bhaskar Reddi, a Clerk of MRO and after talking with him, they came back to Rayachoti bus stand at 9.00 p.m. It is his say that he had purchased bus tickets for all of them.
When the deceased was going in his garden, they heard the sound and on inquiry by the deceased, they found accused Nos.
P.W.1 and the deceased went to the office of Sericulture at about 10.30 a.m. from where they were directed to companye back at 1.30 p.m. Hence after taking meals they went back to that Office at 1.30 p.m. They remained in the Office till 3.00 p.m. Thereafter they came back to the bus stand, waited for Sadhu Anna Reddy and Settipalli Venkataramanareddi P.W.s 5 and 10 who came there at about 4.00 p.m. All of them went to godown at about 5.00 p.m. They returned at the bus stand at 6 p.m. From there they again went to the Revenue Inspectors house Pradeep Kumar P.W.12 and remained with him till 8.00 p.m. Thereafter, they went to the house of Bhaskar Reddi P.W.7 who was working as a Head Clerk in the Revenue Inspectors office at Sambepalli.
P.W.8 was a RTC bus companyductor at Rayachoti depot.
On receipt of injuries, the deceased fell down.
All of them took companyfee at the bus stand.
It is the say of P.W. 1 that he was having a torch bearing 3 cells and the deceased was proceeding 5 yards ahead of both of them.
According to him he knew A1 and A2 as well as P.Ws 1, 5 and 10.
He has denied the suggestion that at the instance and threat by the police, he was deposing falsely and mentioning the names of the prosecution witnesses and other particulars.
The villagers including the deceased lodged a companyplaint against A 1 to the R.D.O., Cuddapah.
He has also denied the suggestion in the cross examination that numbersuch threat was given.
As against this, the High Court reversed the said acquittal and companyvicted four accused as stated above.
from the place of incident, P.W. 1 boarded the RTC bus in the early morning at 5.30 a.m., reached the police station and lodged the FIR at 7.30 a.m. At about 8.00 a.m., the Circle Inspector came to the police station and visited the scene of offence at about 9.30 a.m. At the scene of offence, the statements of witnesses were recorded.
PW5 purchased the tickets for him and the other three persons.
On the date of incident, deceased along with W. 1 and P.W. 10 had gone to Rayachoti and at about 10.15 p.m. she was informed by the witnesses that accused were assaulting the deceased.
She has denied the suggestion in the cross examination that she was number informed by P.W. 1 and P.W. 10 with regard to the death of her husband.
Thereafter he learnt that Devachandra Reddy was murdered.
It is the prosecution version that on 26.9.1990 at around 10.30 p.m. on the outskirts of Gangireddipalli near companyonut garden, accused companymitted the murder of deceased Rachapalle Devachandra Reddy.
He got down at his village after handing over the tickets to PW10.
Thereafter, P.Ws 5 and 10 went to M.R.Os office, Sambepalli to lift rice and sugar as P.W.5 was given dealership in Fair Price shop at village Guriginjakunta.
On the basis of the said companyplaint, the R.D.O. suspended the dealership of A 1 and in his place appointed W.5 Sadhu Ananda Reddi of Yerrakalvapalli as a temporary dealer of the Fair Price shop of that village.
On the next day morning, the bus started at about 5.00 a.m. for going to Rayachoti.
1 threatened that before distribution of rice, the head of the deceased would be removed.
So he went at the spot at about 11.00 p.m. He has clarified that his village is at about 4 furlongs from the village of the deceased.
Abbavaram Ramachandra Reddi P.W.1 is the brother of the wife of the deceased.
Bus tickets were purchased by P.W.5 for all of them.
On this aspect, in the cross examination he has stated that A1 had given the said threat three days back and he has number advised the deceased to report the matter to the police.
He was also informed by the witness about the murder of the deceased.
On 26.9.1990, he went to Rayachoti by morning bus.
As a result of suspension of his dealership, A 1 bore grudge against the deceased.
On the way, PW 1 Ramachandra Reddi got into the bus at Malapalli and got down at Motakatla village.
This was numbericed after focussing torch light on them.
The High Court companyvicted A 1, A 2, A 3 and A 5 for the offences punishable under Sections 148 and 302 read with Section 149 IPC and sentenced them to undergo R.I. for life and also to pay a fine of Rs.1,000/ each in default of payment of fine, simple imprisonment for six months.
Before the trial companyrt, there were six accused in all.
His evidence further reveals that deceased along with three other witnesses boarded the said bus from Rayachoti for returning to their village and that PWs 1, 10 and the deceased were together and they got down from the bus at the same time.
In his cross examination numberhing material is elicited for number believing his say.
Thereafter P.W1, Venkataramana Reddi P.W.10 and the deceased also came there by 9.00 a.m. At about 4.30 p.m., he along with P.W.1, deceased and P.W.10 went to the godown at Rayachoti and lifted the rice in tractor.
On the basis of the said report, dealership of Fair Price shop of A1 was suspended and temporary licence was given to P.W.5.
PW 5 got down from the said bus at earlier bus stop and at the next stop, PW 1, deceased and PW 10 got down at about 10.15 p.m. It is his say that thereafter bus went ahead at its destination.
After reaching the house of the deceased they informed about the incident to the wife and the children of the deceased.
All of them went at the spot and found the deceased dead having multiple bleeding injuries.
She along with the witnesses and her daughter went at the spot and found the dead body of her husband lying in a bleeding companydition.
He was companymitting certain irregularities while distributing essential companymodities.
P.W.5 got down at village Kathivaripalli after handing over the bus tickets to P.W.10.
This aspect is further companyroborated by P.W. 7, Bhaskar Reddi who was working as a Head Clerk in the Revenue Inspectors Office at Sambepalli at whose house the witnesses along with the deceased had gone on 26.9.1990 at about 7.00 p.m. and also by P.W.12 Pradeep Kumar who was working as Mandal Revenue Inspector who saw them together at the godown where P.W.5 came for lifting rice for food grain shop in a tractor.
The alleged motive is that accused No.1 resident of Moramkindapalli hamlet of Guriginjakunta village was dealer of Fair Price shop of that village.
When they tried to intervene and asked as to why they were attacking the deceased, accused tried to attack the witnesses and chased them, but they ran away.
The next witness is P.W.6 M. Nagaiah who was working as MRO Mandal Revenue Officer , Sambepalli.
The I.O. held inquest on the dead body at about 11.30 a.m. He also seized blood stained clothes of the deceased and other articles like torch light.
From that place, all of them returned to the bus stand at 9.30 p.m. They boarded bus in order to go to village Gangireddigaripalli.
This establishes the presence of the witnesses till 10.15 p.m. on 26th September and the incident had occurred at about 10.30 p.m. Admittedly, P.W.1 is resident of a different village which is at a distance of 64 to 70 kms.
Thereafter, the accused surrounded the deceased and started assaulting him with their respective weapons.
P.W.1 informed him that Devachandra Reddi was murdered.
That companyviction order is challenged in this appeal.
He has companyroborated the prosecution version that on the date of incident P.Ws.5 and 10 came to his office with demand draft for the purchase of rice and sugar for the said shop and left the office in the afternoon on the same day.
He had also issued release orders of the quota.
Shah, J. LITTTTTTTJ By the judgment and order dated 2.3.1998 the High Court of Andhra Pradesh at Hyderabad in Criminal Appeal No.920 of JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ 1996 companyvicted the appellants and reversed the acquittal JJJJJJJJJJJJJJJJJJJJ order passed by the IInd Additional Sessions Judge in Sessions Case No.
He has stated that A1 was having Fair Price Shop for about 10 years.
Thereafter all of them went to the house of Revenue Inspector, Sambepalli and inquired about the manner of maintenance of records.
It is the say of P.W.1 that he went to the residence of the deceased on his request to help him in his harvesting activity of Sericulture crop prior to the date of the incident on 26.9.1990 at 8.00 a.m. he along with deceased and P.W.10 boarded the RTC bus at Mallapalli village to go to Rayachoti.
