These companyvicted persons preferred an appeal before the High Court and the High Court was pleased to acquit A2 and A9 and the 1st, 3rd and 4th accused were companyvicted for the offence of murder punishable under Section 302 read with Section 34 of the IPC.
PWs 3 to 5 tried to rescue PWs l and 3 and the deceased but they were also beaten.
2004 Supp 3 SCR 361 The following Order of the Court was delivered Seventeen accused persons were tried by the Second Addl.
Thereafter Al to A4, who were armed with sticks started beating the deceased.
The accused were waiting near a temple and when PWs l and 2 reached near the accused the first accused hurled a bomb and it exploded.
It was alleged that A2 beat the deceased on his left eye, A3 beat on the back and left side of the chest and A2 beat with a stone on the head and A4 also beat the deceased.
Hearing the numberses, the mother of the deceased, wife and sister and some others came to the scene of occurrence and then all the accused left the scene.
PI to P 32 and Nos.
l was a laceration of 5 x 2 x l 1/2 over occipital region and its companysequential internal injury shows that there was a fracture to occipital temporal and frontal bones and brain tissues were seen at occipital region.
It seems that there was some election to the post of office bearers of a local companyoperative society and the disputes arose on account of this.
l alone was fatal injury and the injury No.
PW l at about 9.45 a.m. went to the Nereducherla Police Station and gave statement before PW 15, the head companystable.
PW 16, Circle Inspector of Police Huzurnagar companyducted the inves tigation and he filed a report against Al to A2.
The deceased, along with PWs l, 2 and 3 were proceeding to their agricultural field for irrigating the crop.
Extra and Intra dural haemotoma were present.
The High Court in the appeal held that Al to A3 and A4 were responsible for the death of the deceased Sunkari Lingaiah.
PWs l to 16 were examined by the prosecution and Exs.
All the accused persons belonged to one political party and the deceased belonged to another political party.
l to 15 were got marked.
The incident happened on 21.11.1995 at about 6.30 p.m. The deceased Sunkari Lingaiah and the accused persons were residents of Bakkaiahgudem village.
However, Ex.
Their companyvictions and sentences are challenged before us.
The Sessions Judge partly accepted the prosecution case and held that Al to A4 and A9 were guilty.
PW1 was number found guilty.
The injured while being taken to the hospital died on the way.
