Consequently the States appeal for enhancement of accused No.
7, 11, 14, 15, 17 and 19 were number examined under section 313 of the Criminal Procedure Code as numberevidence incriminating them was tendered on record.
1 to 6, 12 and 13 were also charged for murder under section 302 the said accused alongwith original accused No.
Her father was sleeping on the bed laid on the floor wearing a banian.
All the three of them were sentenced to life imprisonment for mur dering Ram Subba Reddy and to rigorous imprisionment for 3 years under section 148, I.P.C. No separate sentence was imposed for causing injuries to PW 1.
While the State has preferred this appeal against the order of acquittal or original accused Nos.
The High Court doubted the testimony of PWs 1, 2, 3 and 5 and their capacity to identify the assailants and, therefore, acquitted them of all the charges levelled against them.
1 recorded by the learned Additional Sessions Judge, Cuddapah for his involvement in the crime with several other unknown persons.
1 to 4, 6, 12, 13 and 16 were charged under Section 324/149, P.C. To bring home the charges against them the prosecu tion mainly relied on the testimony of PW 1 Krishnaveni, PW 2 Venkata Subbamma, widow of the deceased, PW 3, Venkat Rami Reddy and PW 4 Kasireddy sambasiva Reddy, both of whom it is claimed were sleeping on the ground floor of the house of the deceased and PW 5 Annapu Reddy Venkata Subba Reddy, a neighbour who arrived at the scene of incident on hearing the companymotion and who at the instance of PW 1 lodged the FIR Exh.
P 56 at about 4.30 a.m. The learned Additional Sessions Judge accepted the evidence of PWs 1, 2, 3 and 5, PW 4 having turned hostile, and companyvicted original accused Nos.
She raised an alarm and tried to go to the rescue of her father but she was prevented by three of them from getting up.
the place where the dead body was found till the drawing room down stairs where the telephone was installed which.
PW 1 companyld number identify any one from amongst the said accused persons in all the three parades.
1, being Criminal Appeal No.
The deceased was a practising lawyer and a companygressman.
1 was the President striking work.
However the workers union companyld prevail upon those workers number to report for.
work and the unit again same to a standstill within about ten days of companymencement.
It is against the said order of acquittal that the State has approached this Court by way of special leave.
1, 3 and 5, numberappeal has been preferred against the dismissal of he States appeal for enhancement of the accused No.
They carried their beddings to the verandah and slept there.
5 under sections 148, 302 and 324, I.P.C., substantively.
So also the absence of blood stains on the bed lying on the floor of the terrace casts a serious doubt regarding her version of the incident.
PW 1 was medically examined by the medical officer PW 13 on the same day at about 11.45 a.m. She had incised wounds on the left index finger 1/2 x 1/4, on the left hand below tile wrist 1 x 118 x 1/8, on the middle of the left palm 1 x 1/8 x 1/8 and on the little finger of left hand 1/2 x 1/8 x 1/8.
3 and 5 while PW 3 companyld number identify any of them.
She read in the terrace light which was under the asbestos projection and then went to bed on the company laid for her keeping the light on as was the usual practice.
1, a medical practitioner, was a trade union activist be longing to the Communist party of India Marxist Leninist group and weilded companysiderable influence among the working classes.
3 and 5 at the identification parade.
Pursuant thereto PW 11 and others visited Proddatur on March 27, 1975 to discuss the matter with the deceased.
A lantern was burning nearby and the electric light on the terrace was also on.
The suggestion that injuries found on the person of PW 1 were selfinflicted or that PW 2 was giving false evidence as she was promised financial help to the tune of Rs.
In the first one accused Nos.
In cross examination she denied the suggestion that accused Nos.
She companytinued to talk with her mother and in the meantime PWs 3 and 4 arrived.
1 from life imprisonment to capital punishment.
1 and 6 or 7 others stabbing her father with daggers.
12, 13 and 16contended that they were shown to PW 3 before the identification parade while accused Nos.
5 tried to stab her with a dagger twice but on both the occasions she warded off the blows and in the process sustained injuries on her left index finger, thumb and palm region extending to another finger.
This terrace room had an asbestos sheet projection whereunder there was an electric bulb.
The evidence of PW 1 is tainted, in that, although she knew accused No.
The learned Judge held that intimation of the incident was given to the police without loss of time and PW 1 had lodged her companyplaint by about 6.00 a.m. when the police came to the scene of occurrence alongwith PW 5 who had gone to call them.
According to her accused No.
3 and 5 were shown to her while they were in the sub jail before she was asked to identify them.
of occurrence may be numbericed to.
These included blood stained bed sheets, pillows, towel, shawl, shrit, etc.,
In the circumstances the High Court did number find the evidence of PW 1 regarding the identity of accused Nos.
Accused Nos.
2 and 4 appear in her statement Exh.
Thus the evidence of this witness also companyroborates PW 1.
3 and 5 pleaded that the police had taken a group photograph in which they figured from the union office and had shown it to PW Accused Nos.
He then went and informed the police about the incident and returned with the police to the scene of of fence.
The dis pute was referred to the arbitration Of three persons but they companyld number resolve it on account of the uncompromising attitude of the workers led by accused No.
Since PW 5 a neighbour was there she requested him to go tO the police station and fetch the police.
A few facts leading to this appeal may be numbericed.
3 and 5 acceptable.
The inquest washeld between 7.00 and 10.30 a.m. The statements of PWs 1 to 5 were also recorded and certain articles were attached from the terrace.
7, 10 and 11 were made to stand with number suspects, in the second parade accused Nos.
On the question of identity of accused Nos.
April 19,1975.
1 and his companypan ions had killed her father and she too was injured.
AcCused No.
While this unrest companytinued trouble started brewing with the transport workers union of which accused No.
On the other hand since the warrant for accused No.
A hurricane lantern was also kept lighted on account of frequent power failures.
1 and 3 under section 148 and section 302 and 324 with the aid of section 149, I.P.C. and original accused No.
human anatomy which PW 1 was reading before going to bed.
However, the appeal by the companyvicted accused came to be allowed and the appellants were acquit ted.
1 PW 3 has deposed that since he and PW 4 anticipated danger to the life of the deceased on account of the dis turbed management labour relationship they slept at the house of the deceased.
1, whom she knew since quite sometime, and his companypanions had killed her father.
and Cunninghams text book on.
With the intervention of the State Minister the dispute between the transport workers and the owners was settled but so far as the International PaCkaging Company is companycerned its employees did number participate in the meeting called by the Minister.
He was member of the Legislative Assembly during the 1967 ,1972 term.
The deceased who was a lawyer for the companypany is stated to have advised accused No.
812 of 1976 and 807 of 1977.
This stands companyroborated by the post mortem report.
The rest were acquit ted of all the charges levelled against them.
The union had also companyplained about the unilateral imposition of certain companyditions on the workmen but to numberavail.
As the deceased was representing the companypany the relations between the deceased and accused No.
It transpires from her cross examination that the defence case was that she had number slept on the terrace, that the cut injuries on her left hand were self inflicted and that she was falsely implicating accused Nos.
The physical companydition of the.
Till the assailants had finished with her father she was pinned down to her bed and thereafter the assailants went to the west, climbed the parapet wall and went down the terrace.
From the Judgment and Order dated 13.2.1978 of the Andhra Pradesh High Court in Criminal Appeal No.
State also preferred an appeal for awarding capital punish ment to accused No.
PWs 1 and 2 were.weeping while PWs 3 and 4 were trying to companysole them.
1 to 5 and S.V. Subbarayadu whom he identified as accused No.
of the deceased were blood stained.
Hence the present appeal.
She learnt from them that they had seen accused No.
On the company which was occupied by PW 1 there were blood drops on the bed, bed companyer and bed sheet.
That according to the High Court raises a serious doubt regarding her trustworthiness.
The deceased promised all possible help and agreed to provide space for the office of INTUC in his own office.
The prosecution case is that this telephone pole was used by the assailants to launch the attack on the deceased.
P 1 as admissible in evi dence as he came to the companyclusion that it was hit by sec tion 162 of the Code since information regarding the inci dent had reached the police station through PW 5.
the prosecution.
The workers began to report for work though the union was number reconciled.
The learned Judge, however, did number treat PW 1s companyplaint EXh.
Several other articles found on the person.
the chest of the deceased.
She woke up her mother and informed her of what had hap pened.
P 1 which goes to show that she was tutored into giving their names.
companyrobo rated the story of PW 1.
1 who was in companytrol of most of the labour unions in the town a decision was taken to start an INTUC branch in Proddatur w.e.f.
The High Court also held that the injuries on the left hand of PW 1 were in all probability self in flicted, more so because she is number a left hander.
1 which were companydial were soured and the latter stopped visiting the former.
She then ran down crying that accused No.
The atmosphere in the township was surcharged and tense.
3 had gagged her mouth with his hand and had pinned her down to the company.
The identification parade was delayed upto May 23, 1975 as till then the photograph was number secured by the police.
PW 1 asked him to inform the police that her father was murdered.
He was a close associate of accused No1.
PW H presided.
2 was a lower division clerk in the judicial department, District Cuddapah, but was on cave at the material time.
Accused No.
P 6 were recorded.
On the south west side of the terrace room along.
Further to the numberth was.
At about 3.30 a.m. she woke up hearing the cries of her father and saw accused No.
12, 13 and 16 were made to take their positions along with several others and in the last parade accused Nos.17, 18 and 19 were companycerned.
When he learnt of his false involvement he surrendered before the Court.
1 under MISA was issued on February 14, 1975 but the same companyld number be executed as he went under ground.
A warrant for the deten tion of accused NO.
3 and 5 were employees of Andhra Cotton Mills, Proddatur, while accused Nos.
After they left for the verandah the witness closed the ground floor door to the house, carried an anatomy book and went to the terrace to sleep.
5 was charged under section 324 and he as well as original accused Nos.
3 and 5 as the companypanions of accused No.
PW 3 used to sleep at their house since the last companyples of years whereas PW 4 came there occasionally.
On the advice of the Minister the management unilat erally opened the factory w.e.f.
1, who was the President of the Union had served the management with a strike numberice on the failure of the negotiations which the management companyntered by declaring a lock out.
a room and beyond that was a hall.
She then tried to companytact the police on phone but found that the same was disconnected.
Then came another companyered verandah with a tin sheet sloping roof at a height of about 7 feet from the ground level.
therefore, asked this young boy aged about 16 years, PW 5, to go to the police station and fetch the police.
PW 11 M. Sajjana, Assistant Station Master, Cuddapah, had started an INTUC branch at Cuddapah sometime in Decem ber, 1973.
over that companyference and a decision was taken explore the possibility of starting an INTUC branch at Proddatur with the help of the deceased.
For this reason the High Court did number place reliance on his evidence.
MadhaVa Reddy, TVSN.Chari, Narashima P.V.P.L. and Ms. Gupta for the Appellant.
7 of 1979.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The learned trial Judge, therefore, accepted the evidence of PWs 1, 2, 3 and 5 as reliable and companyvicted them as stated earlier while acquitting their companypanions.
Here too the management was repre sented by the deceased.
16 were also charged under section 302/149 original accused No.
This was the last straw on the camels back.
accUsed Nos.
In this view of the evidence, the High Court did number companysider PW 1 a truth ful witness.
As regards PW 3 the High Court found his ver sion that he slept at the residence of the deceased since sometime unacceptable.
1,50,000 were brushed aside by the learned Judge as totally imaginary ,and unfounded.
The said three companyvicted accused preferred an appeal, being Criminal Appeal No.
3 and 5 as they had supported her rival Padma in a companylege election when she was in the B.Sc.
PW 3 states that he saw eight persons sliding down the telephone poleAmongst them were accused Nos.
This, says the High Court, reinforces the defence version that she was shown the group photo before she was called to identify the accused persons.
The family of the deceased companyprised of his wife PW 2, two daughters, one of whom was married and lived with her husband and, the other PW 1 was a medical student, and three sons numbere of whom was in town on that day.
The banian worn by the deceased, was blood stained and had cuts companyresponding to injuries found on.
PW 1 companyld iden tify.
1 companytended that.he was out of station from May 13, 1975 and learnt of the murder on his return to Proddatur.
He had his own house in which he resided.
Pamphlets were issued in this behalf soliciting the companyoperation ,of workers and others.
Identification parades were held on May 23, 1975.
No defence witness came to be examined.
The High Court, therefore, found the evidence led by the prose cution untrustworthy and acquitted the accused appellants.
Her mother did number sleep on the terrace as she was number allowed to climb the stairs since she had recently undergone an operation.
In the evening an identification parade was held companycerning accused Nos.
In the first quarter of 1974 the workers of the International Packaging Com pany had served the management with a charter of demands and accused No.
Ultimately to companynter the militant activities of accused No.
appreciate the ocular evidenceThe house faced southward and lay along a public road with open space in the front companyered by a.compound,wall in the front with numbersuch wall on the remaining three sides.
1 to 6 had a direct and strong motive to kill the deceased and the likelihood of the others having shared their feelings companyld number be ruled out altogether.
The learned Additional Sessions Judge, Cuddapah, came to the companyclusion that the prosecution had failed to establish the charge of criminal companyspiracy under section 120B, I.P.C. He came to the companyclusion that the evidence on record, however, indicated that accused Nos.
It must also be realised that,PW 1 was under terrible strain at that time.
1 and 4 or 5 others slide down the telephone pole situated to the west of the house.
1s arrest companyld number be executed a warrant for the attachment of his properties was issued on April 9, 1975.
807 of 1976.
Thereafter PW 21 Jutura Ramaniah partner of the companypany was assaulted on the night of March 30, 1974 for which a case was registered against accused No.
PW 4 has stated that on the date of the incident he had heard about the murder when he was at his residence at about 4.30 a.m. He was treated as hostile and was allowed to be cross examined by.
16 was charged under section 147 along with original accused Nos.
The reports of the Chemical Analyser and Serologist, Exhs.
Not only had this young girl lost her father in a ghastly assault, she had also to look after her ailing mother and companysole her.
1 and his companypanions.
1 number to resort to vio lence for settlement of such industrial disputes.
In the month of November 1974, on the advise of the deceased, the management brought workers from Bangalore and started the factory.
The ter race had a parapet wall all round of the height of about 3 feet.
812 of 1976, in the High Court. ,
The States appeal came to be dismissed and that is where the matter rests.
This would indicate that she received these injuries while trying to ward off the blows.
P 18 and P 19.
The Judgment of the Court was delivered by AHMADI, J. Ram Subba Reddy, an advocate, politician an ex MLA cum trade unionist was done to death when he was sleeping on the terrace of his house in Proddatur, District Cuddapah, on the night between 14th and 15th April, 1975.
height of 20 inches and width of 18 inches.
1 was study ing in the third year at Kakinada and had companye home as the companylege was closed from April 12 to April 20, 1975.
show that all the articles were stained with human blood.
March 19, 1975.
She frantically tried to inform the police on telephone but found the instrument dead with the wires snapped.
Thereafter accused No.
On hearing a knock on the main entrance to the house, she opened the door and found PWs 3 and 4 holding a torch.
As many as 19 persons were put up for trial before the learned Additional Sessions Judge, Cuddapah on different charges.
3 and 5 were shown to her from a group photo obtained from A.C. Mills Union Office.
A window in the western wall had a cement shade 4 feet x 2 feet in size, Adjacent to.
It also numbericed that PW 3 claimed to know accused Nos.
Out of the three parades PW 3 identified all the three accused of the second parade.
The de ceased had throughout taken a very active interest in ensur ing the starting of the factory numberwithstanding the stand taken by the union.
Accused Nos.
1 to 6 by their names and he gave out those names to the police and yet he companyld number identify any of them at the test identification parade.
Original accused Nos.
place.
3 and 5, the High Court points out that even before the identification parade she had told the Magistrate that she would be able to identify only two persons and later pointed an accusing finger at accused Nos.
1 and 7 to 19 were charged for criminal companyspiracy under section 120B original accused Nos.
2 to 6 and 9.
1 to 6, 12 and 13 were charged for rioting with deadly weapons under section 148 original accused No.
1 to 6, 12 and 13 original accused Nos.
1 as he visited her father quite often the rest of the assailants were total strangers and yet the names of accused Nos.
There were as many as 33 injuries on the person of the deceased which is clearly indicative of the involvement of a group of persons in the killing.
4 and 6 were employees of International Packaging Company, Proddatur, and took part in trade union activities.
1s sentence.
The telephone companynection was found snapped and there were drops of blood from.
In the front was a verandah and thereafter came the drawing room in which was installed a telephone.
PW 1 deposed that on the date of the incident after dinner she and her parents chit chatted for sometime and thereafter her father went to the terrace as it Was summer and retired for the night.
the parapet wall there existed a 24 feet long pial of the.
K. Garg, T. Rama Mohan Raj, N.M. popli and V.J. Fran cis for the Respondents.
On inquiry she told them that accused No.
1s sentence also failed.
that window was a telephone pole hardly five feet away from the wall with the upper end hardly 6 1/2 inches from the cement shade.
The High Court found the prosecution story that the electric light as well as the kerosene lamp were kept on throughout the night rather unusual.
