368 and 367 of 2003 were filed before the High Court.
The Inspector of Police, Dachepalli took up the investigation which culminated into registration of Crime Nos.
The cases were companymitted to the Court of Special Sessions Judge, Guntur under the SC ST Act and numbered as S.C. Nos.
Brief facts There were land disputes between two groups at Pedagarlapadu Village, Guntur District, Andhra Pradesh in respect of the lands belonging to the Temples which were leased out by the Endowments Department to the upper class people of the village and there was resentment in local dalits for the same.
Heard Mr. V. Sridhar Reddy, learned companynsel for the appellants accused and Mr. Mayur R. Shah, learned companynsel for the respondent State.
454 of 2009 and Busi Koteswara Rao A 1 , Katakam Pedda Biksham A 11 , Katakam China Biksham A 12 , Busa Mattayya A 13 , Busa Kotaiah A 14 , Pinnam Rangaiah A 15 , Pinnam Sankar A 17 , Pinnam Nageswara Rao A 19 , Boosa Srinu A 21 , Marasu Venkata Swamy A 22 , Pinnam Ramana A 24 and Pinnam China Subbayya A 25 have filed Criminal Appeal No.
One day, the agitators trespassed into the said lands, in respect of which, Pinnam Peda Subbaiah the leaseholder filed a companyplaint which resulted into a deep seated rivalry between the two groups.
455 of 2009 before this Court by way of special leave.
Aggrieved by the said order, Busi Koteswara Rao A 1 , Pinnam Nageswara Rao A 4 and Busa Mattayya A 30 have filed Criminal Appeal No.
368 of 2003 and order dated 13.06.2007 in Criminal Appeal No.
368 and 367 of 2003 respectively whereby the High Court while setting aside the companyviction and sentence of other accused, partly allowed the criminal appeals upholding the companyviction of the appellants herein for the offences punishable under Sections 148 and 436 of the Indian Penal Code, 1860 in short the IPC and reduced the sentence for the offence punishable under Section 436 of the IPC from 7 years to 3 years while maintaining the amount of fine and directed the appellants herein to surrender themselves before the trial Court in order to serve the remaining period of sentence.
In the case on hand, total 79 persons were chargesheeted for various offences under IPC including Sections 147, 148 and Section 436.
PWs 2, 4 15, 18, 20, 22, 23 and 26 41 did number support the case of the prosecution and were declared hostile witnesses.
In retaliation, on 14.04.1997, the accused appellants, formed an unlawful assembly, armed with deadly weapons, raided the Harijan companyony and set ablaze around 50 dwelling houses of the prosecution party and abused them in the name of their caste.
367 of 2003, the High Court, partly allowed the appeals and while setting aside the companyviction and sentence of other accused, upheld the companyviction of the appellants herein for the offences punishable under Sections 148 and 436 IPC but reduced the sentence for the offence punishable under Section 436 IPC from 7 years to 3 years while maintaining the amount of fine.
The Deputy Superintendent of Police, CID, Vijayawada filed the charge sheet against the accused persons for the offence punishable under Sections 147, 148, 435, 436 read with Section 149 IPC and Sections 3 1 v , 3 1 x , 3 2 v and 3 2 iv of the Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Act, 1989 in short the SC ST Act .
In order to take revenge, the other party attacked the leaseholder to companymit his murder.
29 and 28 of 1997 and later, the case was transferred to the Crime Investigation Department CID .
63/S/2000 and 62/S/2000.
By impugned order dated 20.06.2007 in Criminal appeal No.
Though the prosecution has examined 52 witnesses and exhibited 12 documents in support of their case, among those witnesses, PWs 1 42 alone were cited as the eye witnesses to the occurrence.
Aggrieved by the said order of companyviction and sentence, the two appeals being Criminal Appeal Nos.
In both the cases, by separate orders dated 24.03.2003, the Special Sessions Judge found the appellants herein and others guilty for the offence punishable under Sections 148 and 436 of the IPC and companyvicted and sentenced each of them to suffer RI for one year and to pay a fine of Rs.2000/ each, in default, to further undergo simple imprisonment SI for one month for the offence punishable under Section 148 IPC and further sentenced each of them to suffer RI for 7 years and to pay a fine of Rs.10,000/ , in default, to further undergo SI for two months for the offence punishable under Section 436 IPC read with Section 149 IPC.
Due to the arson and violence that had happened on 14.04.1997 between two groups of the same village, about 50 dwelling houses reduced into ashes.
Sathasivam,J. These appeals are directed against the final judgments and orders dated 20.06.2007 and 13.06.2007 of the High Court of Judicature, Andhra Pradesh at Hyderabad in Criminal Appeal Nos.
