In all, 65 persons faced trial for alleged companymission of offences punishable under several sections of the Indian Penal Code, 1860 in short IPC .
,1, 2, 3, 5, 6, 7, 8, 9,10 and 11 by him.
W.25 acted as Panch witness to Ex.
A40, A41 and A42 attacked P.W.9 and caused simple injuries.
In the States appeal the challenge was to the judgment of acquittal, which was allowed.
A22 inflicted injuries on the left side of his chest with spear.
A2 allegedly inflicted injuries by spear below his right thigh.
On 14.5.1990, the injured and D3 were referred to the Hospital.
As accused persons abjured guilt trial was held.
A20 hit him on his back with spear and A21 hit on the back of his shoulder with spear.
Due to the said violence, police opened fire.
This is the main incident on which the trial was companyducted.
There are two groups in the village.
But the injuries found on the person of PW.4 were of grievous nature.
He was terribly frightened on seeing the attack on his father.
As per the opinion of the Doctor, the injuries numbericed on the prosecution witnesses were simple in nature.
The names of the deceased persons were Nallappaneni Sambasiva Rao, Ch.
PW 31 examined P.Ws 1 to 11 on 14.5.1990 in the night itself and issued wound certificate Exs.
A16, A33, A56 to A59 attacked P.W.13 and caused simple injuries.
When P.W.1 was discussing the attack made on P.W.12 in the morning by A11, A1 went to his house and exhorted the other accused to kill and beat.
A1 is the leader of one group and one Irukupatti Abaiah is the leader of another group.
The factors which weighed with the trial Court to direct acquittal were number taken numbere of by the High Court.
He sent companyies of the FIR to all companycerned.
On the strength of Ex.
PW.30 found four injuries on the dead body of D1.
The inquest was companyducted in the Hospital in the presence of PW.27.
It is submitted by learned companynsel for the appellants that the Division Bench of the High Court after referring to the prosecution case and the evidence of the witnesses came to abrupt companyclusions regarding the guilt of the accused and upset the judgment of acquittal.
He examined PW.9 on 16.5.1990.
P9 to P20 respectively.
W.3 was attacked by A31, A36 to A38.
A23 speared on his right leg.
A3 stabbed on the left thigh of D1 and A4 allegedly inflicted injuries by axe on the left leg of D1.
Death intimation was given to the Police Station which is Ex.
P1 is the said report P.W.30, sent the said report to the Police Station through a Constable, which was received by P.W.33, Sub Inspector of Police, Peddakurapadu Police Station.
When they were nearing the house of PW.1, A18, A20, A21 and A30 to A35 attacked D3.
Learned companynsel for the State on the other hand supported the judgment of the High Court.
A19 hit him on the left side of his head by a spear.
A19, A33, A46 to A54, A60 to A62, A64 and A65 attacked P.W.11 and caused simple injuries.
The report was reduced to writing by P.W.30.
P6 post mortem certificate.
At about the same time, D3 was returning to his house along with his wife, PW.24.
P.W.35 and 33 reached the scene of offence at about the same time.
The prosecution party retaliated by attacking a person by name A. Bharataiya and the said case was registered as Crime No.37/1990.
Except the injuries on PW.4 injuries on the other persons were of simple in nature.
He ran to the upstairs of the house.
While A1 to A4 chased D1, the other accused chased D2 and attacked him in the cattle shed of one I. Nageshwar Rao, A18 alleged to have hit D2 on the back of his head by an axe.
The High Courts judgment does number meet the parameters indicated by this Court relating to appeals against acquittal.
On the same day at about 2 p.m. P.W.1 reported the offence to W.30, who happened to be the Head Constable, attached to Peddakurapadu Police Station, who was camping at Balsapadu Village.
A33, A44 and A54 attacked P.W.9 and caused simple injuries.
Post mortem certificate issued by him is Ex.
A43 and A44 attacked P.W.8 and caused simple injuries.
On companypletion of investigation PW 33 filed charge sheet.
Fortunately, numberody was injured due to the opening of fire, but police themselves sustained injuries as both the groups pelted stones at them.
Thereafter he held inquest over the dead body of D2 in the presence of PW.25 who acted as Panch witness.
P9 to P20 respectively.
A9, A26 and A35 attacked P.W.5, A39 attacked W.6 and caused simple injuries.
A28 speared on his left leg.
Civil Assistant Surgeon, Government Hospital, Sattenapally, PW.31 companyducted post mortem examination over the dead body of D1 on 15.5,1990.
On 14.5.1990 in the morning PW 12 was stabbed by A 11 in Harijanwada and the same was registered as Crime No.38/1990.
PW.35 visited the Government Hospital, Sattenapally and companyducted inquest over dead body of D3 which is Ex.
Chinna Koteshwar Rao and Turaka pullaiah.
P3 is the inquest report in respect of D1.
A18 is alleged to have speared on his left chest.
He issued the wound certificates Exs.
While the matter stood thus, at about 12.30 p.m., A 1 along with 200 supports including all the accused mentioned in the charge sheet went to the house of PW 1 and made attacks.
A1 to A4 attacked P.W.4 and caused simple injuries.
P8 is the post mortem certificate issued by him in respect of D1.
The injuries on PW.4 are of grievous in nature.
They are hereinafter referred to as D1, D2 and D3 respectively.
P7, Civil Assistant Surgeon, Government Hospital, Sattenapally, PW.28 companyducted post mortem examination over the dead body of D3 and issued Ex.
On 15.5.1990, Civil Assistant Surgeon, Government Hospital, Sattenapally, PW.29 companyducted autopsy over the dead body of D2.
Therefore, before the High Court there were 62 respondents.
Thereafter, PW.25 recorded the statements of PWs.5 to 9 on 15.5.1990.
Then A1 to A4 allegedly chased D1 and attacked him with spears and axes.
A 20 is alleged to have speared on his left ribs and A 34 is alleged to have axed on his right wrist.
P22, on 14.5.1990 at 9.15 p.m. D3 died in the hospital on 15.5.1990.
After the inquest was over the dead bodies of D1 to D3 were sent for post mortem examination.
A1 alleged to have inflicted injuries by a spear on P.W.1 on his right thigh and on his back.
Out of 36 charges framed, prosecution did number examine witnesses to prove the charges No.17, 18, 23 and 24.
All the accused and PWs 1 to 27 belong to Balausupadu Village within the limits of Peddakurapadu Police Station, Sattenapalli Circle, Guntur District.
P.W.31 speaks about the examination of P.Ws.
A2 held D1 tightly and A3 put a towel over the neck of D1 and pulled him down.
A21 is alleged to have attacked D3 on his right forehead.
As per the evidence of PW.4, those injuries were attributed to Al who attacked PW.1, D1 and PW.4.
P1, P.W.33 registered the case in Crime No.35/1990 against the accused for offences punishable under Sections 147, 148, 324, 307, 448, 447, 427, 379 and 302 read with Section 149 IPC.
Then A1 inflicted injuries by a spear on D1 on his right chest.
W.1 belongs to the opposite group.
He informed the Inspector of Police, P.W.35 who was at Guntur.
The trial Court after referring to the evidence of the witnesses produced by the prosecution held that prosecution failed to fasten the guilt on the accused persons.
Out of 65 accused persons, name of A 63 was deleted and A 18 and A 59 died during trial.
P.W.35 prepared rough sketch of the scene of offence marked as Ex.
D1 happened to be the son of P.W.1.
He held inquest over the dead body of DI from 7 to 9 p.m. P.W.25 acted as Panch.
By booking to the evidence on the point of injuries caused the prosecution witnesses, we can affirm their presence at the scene of offence.
A police picket was posted in the village to maintain law and order and peace.
Subsequently, he examined PWs.1 to 5 on the same day.
On 15.5.1990, PW.35 examined PWs.10, 14 to 23 and others.
Prosecution version as unfolded during trial is as follows There were in all three murders.
P.W.35 drafted observation report of the scene of offence Ex.
The case was registered as Crime No.36/1990.
There were cases and companynter cases between the two groups and security proceedings were initiated against both the groups.
PW.32, the Head Constable Sattenapally Police Station recorded dying declaration of D3 which is produced on record at Ex.
There is numbernecessity to refer to the factual aspects in detail.
Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the judgment of a Division Bench of the Andhra Pradesh High companyrt allowing the appeal filed by the State under Section 378 1 and 3 of the Code of Criminal Procedure, 1973 hereinafter referred to as the Present Code against the judgment of acquittal passed by learned First Additional Sessions Judge, Guntur.
