The Court acquitted A2 and A4 of all the charges.
A1, A3, A5, A6 and A7 were armed with daggers and A2 was armed with a stick.
On 8.2.1999 at about 7.30 PM, the deceased along with his wife Harijana Ayyamma PW.2 and son, Harijana Ramakrishna PW.1 went to the clinic of Dr. Ramana for treatment of Harijana Ayyamma PW.2 and while they were companying back and reached near the house of Anjaneya Goud at about 8.00 p.m., accused A1 to A7 suddenly appeared on the spot.
A1 abused the deceased and stabbed on his back with a dagger causing injuries and then A2 to A7 carried the deceased towards the mosque and threw him on the road near it.
Harijana Ramakrishna PW.1 and Harijana Ayyamma PW.2 made hue and cry as a result of which Harijana Sekhar PW.3 , P. Muniswamy PW.4 and A. Samuel PW.5 reached the place of occurrence and all the accused fled away from there.
In the post mortem report, Dr. L.C. Obulesu PW.10 found 13 ante mortem injuries on the body of the deceased.
T.Naganna PW.9 , the Investigating Officer drew up the panchanama of the scene of offence and held an inquest on the dead body at the hospital in presence of witnesses Molakapogu Daveedu PW.6 and Molakapogu Harijana Pakkiranna PW.7 and the dead body was sent for post mortem.
After companypleting the investigation, T. Naganna PW.9 filed the charge sheet against the accused persons and they were put to trial.
Facts and circumstances giving rise to this appeal are that accused A1 to A7 and Harijana Ayyanna hereinafter called as deceased were residents of village G. Singavaram.
1 to 5 took the deceased in a vehicle to the Government Hospital, Kurnool, however, he succumbed to the injuries at about 9.30 p.m. Harijana Ramakrishna PW.1 , son of the deceased filed the F.I.R. Ext.
A2 beat the deceased with a stick and A4 caused injury on his head with a stone.
The learned Sessions Judge, Kurnool, after companyclusion of the trial, found A1, A3, A5, A6 and A7 guilty of offences punishable under Sections 148 and 302 IPC.
Harijana Sekhar PW.3 and Muniswamy PW.4 and A. Samuel PW.5 had been disbelieved by the Trial Court.
Being aggrieved, the appellants preferred Criminal Appeal No.289 of 2002 before the High Court, which has been dismissed vide impugned judgment and order dated 9.3.2004.
However, both the sentences were directed to run companycurrently.
P 1 in Kurnool Taluk Police station and Crime No.16 of 1999 was registered.
They were sentenced to life imprisonment and a fine of Rs.1,000/ each for an offence punishable under Section 302 IPC and one year RI and fine of Rs.500/ each for an offence punishable under Section 148 IPC.
Dr. B.S. CHAUHAN, J. This appeal has been preferred against the judgment and order of the High Court of Andhra Pradesh at Hyderabad, dated 9.3.2004, by which it has dismissed Criminal Appeal No.
289 of 2002, affirming the judgment and order dated 12.2.2002 passed by the Sessions Court, Kurnool in Sessions Case No.
830/1999, companyvicting the appellants under Sections 302 and 148 of the Indian Penal Code, 1860 hereinafter called as IPC and sentencing them to undergo life imprisonment and one year R.I. respectively.
A1, A3, A5, A6 and A7 stabbed the deceased on his chest, stomach and back with daggers.
Hence, this appeal.
They surrounded the deceased and his son Harijana Ramakrishna PW.1 .
