In the F.I.R., it was alleged by the informant that 8 named persons and 10 unnamed persons who were number known to the informant, had companyjointly companymitted the crime.
At the dictation of P.W.1, the Munsiff recorded the companyplaint, Ex.
P.W.11 also at this parade picked out A 7 who was then standing at No.
P.W. 3 picked out A 2, A 3, A 9 and A 10 at the parade.
After companypleting the investigation the police sent 13 accused persons under a charge sheet before the Magistrate for preliminary enquiry.
But P.W. 11 companyld number identify him.
At the spot, he heard from the by standers that the deceased had been killed inside the bus.
2, 9 and 11 were recorded by the Investigating Officer during the night between the 17th and 18th May 1968 from 2 30 a.m. to 6 a.m. There was thus numbergood reason for wholesale rejection of the evidence of P.Ws.
Appeal by Special Leave from the Judgment and Order dated 31 7 70 of the Andhra Pradesh High Court in Criminal Appeal No.
This evidence on the record is thus sufficient to base a firm finding that apart from the accused named in the charge, there were at least one or more unidentified persons who participated in the criminal action against the deceased company jointly with A 7.
A companyy of the companyplaint was sent to the Judicial Magistrate Koilkuntla.
The High Court while companyceding that P.Ws.
The third test identification parade was held on August 10, 1968.
There were about 30 passengers, including PW 2, PW 3 and PW 4, in the bus.
He companyld number identify others.
P.W. 1 knew that A 4 was a partisan of the other accused The companyduct of P.W. 1 after the occurrence, was also artificial, unnatural and strange.
P.C., also The deceased was a resident of Konda Papayapalli village.
On receiving the information, Inspector Santhoji Rao W. 25 reached the place of the murder at 6 p.m. He examined P.Ws.
1 to 4 witnessed the occurrence P.W. 1 while raising an alarm proceeded towards the Police Outpost, but the accused obstructed and chased him over a short distance.
He companyld number identify A 2 or the other accused who were in this parade.
It is true that while picking out this accused at the parade these witnesses did number say anything with regard to the specific part played by him in the companymission of the crime.
During the inquest he examined P.Ws.
2, 3, 9 and 11 were called upon to identify the accused at this parade.
The second batch of the accused persons companysisting of A 2, A 3, A 9, A 10, A 11 and A 13 was arrested on June 24, 1968.
1, 2, 3 and 9 were called upon to identify them at the parade.
The statements of P.Ws.
At about 10 30 a.m., the bus halted at Nossam near the hotel of Rangappa, PW 10.
On May 16, 1968, the deceased accompanied by PW 1, Venkatareddy, went to Jammalamadugu and stayed for the night there in the hotel of PW 12 Dastagiri .
After remaining at the hotel for some time they returned to the bus stand, and boarded bus No.
The extremely large number of injuries on the body of the deceased lends assurance to the testimony of P.Ws.
He also identified A 4 and A 8 by touching their hands.
9 and 11.
In the witness box, at the trial, however, W. 9 specifically stated I companyld identify only accused 2 and 7 among those persons who came to the bus from the numberthern side armed with daggers.
P.W. 1 took to his heels, went away from the village and companycealed himself somewhere.
They were put up for test identification at three parades held by Mr. Johnson, Magistrate 1st Class W. 20 on June 7, 1968, July 18, 1968 and August 10, 1968.
P.C. Thereafter, he held an inquest over the dead body from 2 30 a.m. to 6 a.m. on May 18, 1968.
He returned to the scene of the crime in the companypany of those relations at about 4 p.m. In the meantime, the village Munsiff P.W. 15 on learning about this incident, also came there.
9 and 11 lends companyrobation to the statements of the interested witnesses P.Ws.
P 3, he did number state many material facts.
He looked for the companyplainant, if any.
The assailants were yelling Stab kill P.Ws.
2 and 3 was sufficiently companyroborated as against A 7 by the credible testimony of P.Ws.
P.W. 14 was number asked to identify P.W. 1 at any test identification or even in companyrt.
A 4 to A 8 surrendered on May 22, 1968 and were taken into custody.
Prior to the making of this companyplaint, Head Constable Abdul Khadar, PW 16, of the Police Out Post had sent an oral information to the Police Inspector about this murder.
P.W. 2 while identifying A 7 at the parade, said I saw him while killing the deceased in the bus P.W. 3 also identified A 7 as Konda Kalavatalavadu.
No one came forward to make a companyplaint.
W.9 identified A 7 saying I suspect this man.
Some passengers including the deceased and P.Ws.
Soon thereafter, A 1 and A 2, armed with revolvers, and A 3 to A 13, all armed with daggers, came there from Yerikala Reddys house, encircled the bus, and at the point of daggers forced the passengers including PWs 1 and 4, to get out of the bus.
1, 2 and 4, however, remained inside the vehicle.
While the precise number of those unidentified persons, other than the 13 named in the charge, cannot be ascertained with certitude, it can safely be said that apart from 13 named in the charge, there were some more companyfederates of A 7 and all of them participated in the fatal assault on the deceased in the manner alleged by the prosecution.
At the test identification parade held on June 7, 1968, A 4, A 5, A 7 and A 8 were paraded along with 12 other prisoners.
A 7 was identified by P.Ws.
The driver and the companyductor of the bus were also found absent.
The deceased also tried to get away but the accused prevented him from doing so.
APD 2083 for proceeding to their village.
The Judgment of the Court was delivered by SARKARIA, J. This appeal by special leave is directed against a judgment of acquittal rendered by the High Court of Andhra Pradesh.
Thereafter, on some date before August 10, 1968, A 1, A 6 and A 12 were arrested.
The evidence of P.W. 3 on this point was that the number of the culprits who companymitted the murder, while acting in companycert, was 17.
He therefore alighted from the bus, and, accompanied by PW 1, returned to the hotel of Dastagiri.
For instance, he did number mention there that, in the first instance, he and the deceased had boarded the Nandyal Koilkuntla bus at 8 30 a.m. and thereafter alighted from it on seeing the accused getting into the bus.
Both the factions were proceeded against under ss.
9 and 11 so far as the participation of A 7 in the companymission of the crime was companycerned.
The Inspector searched for the accused but companyld number find them.
At this parade, nine accused persons A 1 to A 3, A 6, A 9 to A 13 were paraded.
Referring to the test identification parade, the witness added I identified A 7 as one of the persons who came with dagger to the bus.
At the trial, he named A 2 to A 5 and identified A 7, A 10, and A 12 as 8 out of those 20 culprits who had companymitted the crime.
Against that judgment, two appeals were preferred to the High Court, one by the State against the acquittal of A 5, A 6 and A 8, and the other by the companyvicted accused against their companyviction.
The companyductor, the driver and some of those passengers got down to take refreshments in the nearby hotel.
There was bad blood between the two factions.
At about 3 p.m., he sent the companyplaint together with other documents prepared by him, through the Talyari to the Police Station, Vuyyalawada.
Might be that they did number disclose all that they had seen and had number identified all the culprits whom they companyld identify but that is numberground to hold that their evidence companyld number furnish valuable companyroboration of the testimony of the interested witnesses P.Ws.
All the accused persons were number previously known to the eyewitnesses.
A 1 and A 2 took positions in the doors of the vehicle.
2 and 3 even against the accused whom they identified at the test identifications and later in companyrt.
Thus the net result is that at the test identifications, P.Ws.
P.C. Before the police, P.W.9 had stated that he had received an injury.
P.W. 2 then went to Papayapalli, five miles away, and informed the wife and the relations of the deceased about the occurrence.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
15 in the parade and said that he had seen him.
9 and 11 at the test identification parade held on June 7, 1968.
The facts may number be stated.
If P.W.1 was really in the ill fated bus, at the time of the occurrence, he companyld number have been left unharmed The companyduct of P.W. 1 was so unnatural that it improbablises his presence at the time and place of the incident If he had really seen A 4 peeping into the bus and going back to the house of Erikala Reddy, 60 or 70 yards away, to inform the other accused, it was unlikely that P.W. 1 and the deceased would have remained sitting in the bus.
2 and 3 .
The evidence of the interested witnesses P.Ws.
2, 3 and 4 entered the bus and found the deceased lying dead in a pool of blood.
On seeing the accused, who belonged to his opposite faction, the deceased got apprehensive of his safety.
A 2, A 3, A 9, A 10, A 11 and A 13 were arrested by the police on June 24, 1968.
45/69 and Criminal Revision Case No.
After about two hours he came out of his hiding and returned to the spot at about 12 30 p.m. After murdering the deceased, the miscreants went away towards the numberth taking their weapons with them.
P 3, and then prepared an injury statement of the deceased.
Ram Reddy and P.P. Rao for the Appellants.
When the bus stopped at Sanjamalavari House, Accused 2, 3, 5 to 8 for short, A 2, A 3, A 5 to A 8 boarded it.
He therefore sent an oral information to the Inspector through the Talari, Pollana.
1, 2, 3 and 11 were called upon to identify.
On the following morning at about 8 30 a.m., they boarded bus No.
Aggrieved, the State made a petition in this Court under Article 136 of the Constitution seeking leave to appeal against the acquittal of A 1 to A 9 and A 12.
It therefore remains to be seen to what extent the independent testimony of P.Ws.
9 and 11.
The rival faction was headed by Akkammareddigari Venkata Kondareddy, Accused No.
Thereafter, P.Ws.
391/69.
155 of 1971.
There are three villages, Konda Kala Vatala, Konda Papaya Palli and Govinda Palli situated at a short distance from each other There were warring factions in these villages One was led by Vellugoti Pedda Eswara Reddy deceased and Mumagala Narayana Reddy, the Sarpanch of Konda Kala Vatala.
They fired revolvers in the air while their companypanions immediately entered the bus and there, stabbed the deceased to death causing numberless than 44 injuries.
Govind Das, Mrs. Sunanda Bhandare, A.K. Mathur, A.K. Sharma and M.S. Narasimhan for the Respondents.
This bus stop is at a distance of about 60 or 65 yards from the Police Outpost and is located in a populated quarter of the town which has a population of 3,000 souls.
He did number go to the Police Outpost which was at a stones throw.
This Court however granted special leave to appeal against the acquittal of A 1 to A 4, A 7, A 9 and A 12 only and refused it against A 5, A 6 and A 8.
This means according to the evidence, there were acting companyjointly with A 7 at least 4 or 7 more persons in addition to the 13 who were charged by the Committing Magistrate.
The High Court dismissed the appeal preferred by the State but accepted the other filed by the accused and acquitted all of them.
The Magistrate companymitted all the 13 accused for trial to the companyrt of Session.
L. Venkata Ramanna PW 14 was checking tickets on that bus.
1 for short, A 1 .
107/151, Cr.
2 and 3 that the number of assailants was more than 13 including some unnamed and unidentified persons.
9 and 11 were the proper persons to have spoken about the occurrence, brushed aside their evidence even against the accused identified by them at the test identifications, mainly on the ground that they were unwilling witnesses and were number prepared to speak the whole truth.
The witness stated I can identify 2 persons among the 5 or 6 persons who were seen going behind the bus with white things like daggers.
He peeped into the bus through the door and went away towards the house of one Yerikala Reddy, situated at a distance of 200 feet from the bus towards the numberth.
The High Court numbericed that there was a discrepancy with regard to the receipt of injury by P.W. 9 between his statement before the police and the subsequent statement recorded under s. 164, Cr.
2, 9 and 11.
At the test identification parades held before the Magistrate, the witness had identified A 7 and A 11.
Moreover, P.W. 14 was examined by the investigating Police Officer about a week after the occurrence.
These six accused persons were paraded at the test identification on July 18, 1968.
P.W. 9 similarly identified A 2 by touching his hand.
APD 2276, at about 9 30 a.m. for going to their village.
They are accused 7 and 11 witness identified accused 7 and 11 .
The Head Constable had heard the reports of revolver fire at about 10 30 a.m. Thereupon, he alongwith a Constable went out to the bus stand.
At the trial, P.W. 2 testified that the total number of culprits who had participated in the companymission of the murder was 20.
P.W. 2 identified A 8, while P.W.11 identified A 11 only.
P.W. 11 E. Solomon was the driver and P.W. 9 V. Bala Subbanna , the companyductor of that bus.
But, despite inquiries, numberone told him about the identity or particulars of the culprits.
A 2 objected that in 1962 or 1963 P.W. 9 had served him as driver of his bus for 10 days.
9 and 11 had companyrectly identified A 7, P.W 9 had identified A 2, also.
1, 15, 16 and 19 and recorded their statements under s. 161, Cr.
A 4 then came there.
