But the investigating officer came to understand that A 4 was interned in a jail on the previous day in companynection with some other case, and therefore, it was impossible for him to be present at the scene of occurrence.
We have difficulty to place reliance on the testimony of such a witness as PW2 in the aforesaid background.
They were sentenced to undergo RI for 7 years.
So the investigating officer charge sheeted the remaining accused mentioned in the companyplaint for the offence under Section 302 read with Section 149 of the Indian Penal Code.
Nonetheless, A 4 was also arraigned as an accused on the allegation that he had hatched a criminal companyspiracy with the other accused to finish the deceased off.
We heard all the appeals together.
The background for the said occurrence, as pictured by the prosecution, is that the deceased was a Congress leader and 4th accused Shashiah belonged to CPI and as between them there were enough causes for rivalry including an election which was held to the Board of Directors of a Co operative Society in which a panel set up by the deceased had trounced the candidate set up by the 4th accused.
Hence they have appealed before us by special leave.
The newly elected Board of Directors initiated proceedings against the 4th accused who held the office of President of the same society earlier for misappropriation of the funds of the society.
Thereupon 4th accused entered into a companyspiracy with other accused for liquidating the deceased Sitaram Anjanalelu.
But a Division Bench of the Andhra Pradesh High Court, on appeal filed by the companyvicted persons, acquitted most of them and even regarding the two who were found guilty the High Court has chosen to companyvict them only of the offence under Section 326 of the Indian Penal Code.
He also admitted that even his father was a witness against A4 in a case tried in 1968.
The State of Andhra Pradesh has also filed an appeal for restoring the companyviction and sentence passed by the trial companyrt.
The time was around 11.00 P.M. when the deceased reached almost near that house.
Prosecution case is that the deceased Sitaram Anjanalelu, the Gram Sarpanch, was proceeding to the house of his daughter Sujatha who is married to A.K. Rao .
After surrounding him the accused showered him with blows by using axe, knife and similar lethal weapons.
The incident happened on the night of 18.1.1993, on a public road.
The son of the deceased filed a separate appeal by special leave challenging the judgment of the High Court in so far as it is favourable to the accused.
The victim died at the spot after sustaining extensive injuries.
Then 5 accused all except A 4 Shashiah jumped out from ambush, and waylaid the deceased.
THOMAS, J. LITTTTTTTJ For the murder of a Gram Sarpanch the sessions companyrt which tried the case companyvicted 6 persons for various offences including criminal companyspiracy to companymit the said murder.
