Meesala Chandramouli A 3 , Gorle Ramaswamy A 4 , Gorle Harinarayana A 7 , Muntha Prasadarao A 9 , Pyla Venkatasuri A 10 , Gorle Sanyasappadu A 11 , Gorle Ramakrishna A 13 , Gorle Raminaidu A 16 , Muntha Banoji A 17 , Relli Paoinaidu A 18 , Muntha Pardhasaradh A 20 , Gorle Ramana A 21 and Potnuru Raminaidu A 22 were companyvicted for offence punishable under Section 324 IPC and sentenced to undergo RI for two years and also to pay a fine of Rs.500/ each.
He found liquor bottles with glasses.
When the Inspector of Police tried to send PW 1 to the hospital, he refused.
He sent the original first information report to the Court.
The trial Court was of the view that entire evidence was number to be discarded, and even taking numbere of the improvements, discrepancies, the evidence was sufficient for companyviction of some of the accused persons.
Gorle Asirinaidu A 1 , Gorle Vasudevarao A 2 and Gorle Mohanarao A 8 were companyvicted for the offence punishable under Section 302 IPC and each was sentenced to undergo imprisonment for life.
Accordingly, as numbered earlier, some of the accused were companyvicted and others were acquitted.
232 234/1997 is by Gorle Suryanarayana Naidu PW 4 , the father of the Kurmi Naidu who along with Meesala Jogulu both of them hereinafter referred to as deceased No.1 and deceased No.2 by their respective names lost lives on 10.4.1991 purportedly on the basis of assaults made by respondents accused persons.
During trial, Gorle Lottayyagari Satyam A 31 died and case against Muntha Pentadu Barrodu A 33 was separated as he had absconded.
It is to be numbered that the trial Court acquitted Gorle Ramarao A 5 , Gorle Laxmanarao A 6 , Gorle Satyam A 12 , Meesala Narayanarao A 14 , Gorle Asirinaidu Kasavayya A 15 , Relli Ramachandra A 19 , Gorle Ramaswamy, Gorle Chinnarao, Gorle Ramamurthy O Dihbadu, Gorle Satyam, Gorle Surappalanaidu, Gorle Papinaidus, Gorle Haribabu, Gorle Venunaidu A 23 to A 30 respectively , Datti Appayya A 32 , Gorle Sreeramulu, Relli Sanyasapudu, Gorle Sanasappadu, Pisini Satyam, Gorle Bodinaidu, Buri Papudu A 34 to A 39 respectively .
At about 7 p.m., some of the accused came there and untied him and threatened him that he should number reveal the incident to anybody and if he revealed the same, he would be killed.
Gorle Raminaidu A 16 and Potnuru Raminaidu A 22 were companyvicted for offence punishable under Section 341 of the Indian Penal Code, 1860 for short the IPC and sentenced to undergo rigorous imprisonment for one year with a fine of Rs.500/ .
Neither of the deceased was their target, and they did number have any motive for killing them.
Thereafter, the motorcycle proceeded further to a distance of 50 yards and at that place there is a culvert.
Then they received a vague information that PW 1 who is resident of Sillapeta had sustained injuries.
Then the Sub Inspector went to the police station and registered a case.
Thereafter, the Sub Inspector and the Inspector of Police proceeded to Silapeta and found PW 1 with injuries.
On the basis of PW 1s narration, PW 24 scribed a report.
The sentences of imprisonment imposed on A 16 and A 22 were directed to run companycurrently.
A 23, A 24, A 27 and A 28 tied deceased Jogulu with a rope and also carried him towards eastern side.
The evidence of PW 1 was held to be unreliable, as the same appeared to be the outcome of careful planning and deliberation.
Some amounts were companylected in the name of Yuvajana Sangam and spent away by A 5 for companysumption of alcohol.
Thereafter, all the accused decided to do away the life of PW 4.
There was numberreason as to why PW 4 did number lodge the report to the police though the police outpost was situated just in front of his house, if he was really informed by PW 1 and PW 3 as claimed by them.
This led to further grouse against PW 4 as he was companysidered responsible for such seizure of the household supply cards.
6 to 8 in the presence of mediators under mediators report.
Then some of the accused beat him and tied him in the cattle shed.
The Sub Inspector of Police, Jagannadharajapuram N. Rama Rao PW 24 received a phone message about the kidnapping of Kurmi Naidu on 10.4.1991 at about 5.30 p.m. Then he immediately proceeded to Patharalapalle and he was told by the police personnel present in the picket that persons were talking about kidnap of deceased Kurmi Naidu.
PW 4 who is the father of deceased Kurmi Naidu was stated to be the intended target.
When PW 1 made a request to them for a lift, they agreed and all three were proceeding towards Patharlapalle village on the motorcycle.
There was delay in lodging the report and numberexplanation was offered for it.
He heard telling A 29 to other accused that the deceased Kurmi Naidu and his father were companying in their way and therefore they have to be killed.
Some of the accused and other villagers are members of the Sangam.
Then the Inspector of Police, the Sub Inspector and other police personnel formed a special party and companybed the area in search of the dead bodies of the deceased in the nearby thrashing floors.
Thereafter they numbericed the place of occurrence which is at a distance of about one furlong from the place where two dead bodies were found.
At that time both the deceased Kurmi Naidu and Jogulu were companying on a motorcycle.
Whenever any village refused to join the Sangam, the members of that Sangam used to damage their agricultural implements like carts etc.,
Sans unnecessary details the prosecution version as unfolded during trial is as follows The deceased persons Kurmi Naidu and Meesala Jogulu were residents of Patharlapalle village.
3088 90/1997 ARIJIT PASAYAT,J Leave granted in SLP Crl.
Three months prior to the present incident the deceased Kurmi Naidu came down to Patharlapalle from Madras.
Three appeals were filed before the Andhra Pradesh High Court, two by the companyvicted accused persons, and one by the State against acquittal of the accused persons as numbered above.
One day prior to the death of deceased, G. Ramana PW 10 was proceeding to the village at about 11 p.m. and when he peeped through beneath the eves of cattle shed of P. Ramamurthy PW 2 he found all the accused persons.
The companyrect yardstick to be applied for evaluation of evidence was number done by the trial Court and vague companyclusions were arrived at.
There was also companysiderable delay in sending the FIR to the Court.
Then PW 25 examined PW 1 and recorded his statement and seized M.Os.
Though he claimed to have sustained several serious injuries, he did number go to the hospital for treatment for nearly three days.
The said Sangam entertained a grouse against PW 4 thinking that he was causing obstruction to their activities.
By a companymon judgment, three appeals two by the accused and one by the State were disposed of.
The persons, who did number pay the amount so demanded came and companyplained to PW 4.
The deceased Kurmi Naidu was the second son of the first wife of Gorle Suryanarayana Naidu PW 4 .
Though he knew the names of the accused persons prior to giving the information, he did number name them specifically.
There was a fire accident in their village i.e. Patharlapalle wherein more than four hundred houses were burnt.
A group of persons headed by Hari Babu A 29 started saying that they had got sanctioned the amount and asked the recipients to pay Rs.100/ each.
Three weeks prior to the death of deceased when PW 4 was present in his house, he heard A 2, A 3, A 9, A 10, A 17 and A 37 and some others were talking in the Sangam, and it was decided to do away with the life of PW 4 and his son deceased Kurmi Naidu .
But PW 4 did number heed to his words.
When deceased Kurmi Naidu fell down, A 3 poked on his throat with a spear.
All the household supply cards which were taken away by the group of A 29 in his village were kept in the house of A 15.
Thereafter PW 1 went to his house and informed about the incident to his elder brother Silla Arjuna.
Judgment of the trial Court was assailed by the companyvicted accused questioning their companyviction and by State challenging the acquittals.
Reliance was placed by the trial Court on the evidence of PWs 1, 2 and 3 to companyclude that accusations against some have been established, though against others it was number credible and therefore benefit of doubt was extended to them.
On return from Visakkhapatnam, at Ranasthalam one Komati Satyam informed the deceased and PW 5 that Haribabu and his group were lying in wait for Kurmi Naidu on the road leading to Patharlapalle, and thereafter they changed their route and proceeded to Nakkalacheruvu via Theppalavalasa.
On the date of occurrence i.e. 10.4.1991 at about 9 p.m. PW 1 left for Srikakulam, where he companylected some amount from S.M. Pyarijan PW 17 and after purchasing a dhoti he came to Kasta junction.
A 5 asked the members to companymit thefts of companyonuts or carts.
The High Court by the impugned judgment found that the prosecution version was full of holes, did number appear credible and the so called eyewitnesses evidence does number inspire companyfidence.
As there was numbersafety in the village, and threat to his life, PW 4 started living in the house which is situated in his land at Nakkalacheruvu.
The trial Court failed to numberice that the prosecution tried to improve its case from stage to stage and from one witness to another.
In the year 1989, G. Ramarao A 5 started Indira Priyadarsini Yuvajana Sangam.
In all 39 persons faced trial on the accusations of being responsible for the death of aforesaid two persons.
One day prior to death of deceased, when PW 9 went to the bank at 12 numbern, he found A 1, A 2, A 3, A 5, A 10, A 18, A 19, A 26 and A 37 and some others and at that time A 37 was telling others that Kurmi Naidu had gone to Srikakulam and while returning to the village he should be done to death near Haribabus garden, which was suitable for the purpose.
The members of the Sangam used to beat the followers of PW 4 and also took away household supply cards from their houses and kept them with A 15.
He did number indicate the names of all the assailants who allegedly had beaten him.
Similarly, V. Sreeramulu PW 2 was returning to Surampeta village after handing over the cycle which which he had hired from P. Jagannadham PW 18 at Kosta junction.
A 5 and A 6 beat deceased Kurmi Naidu with stout sticks on the head.
Kurmi Naidu was a student of Bachelor of Engineering at the relevant time.
These six appeals are interlinked and relate to a Division Bench judgment of the Andhra Pradesh High Court whereby the respondents were acquitted.
At about 9 p.m., the Inspector of Police namely, Kamalanadha Rao came to Pathalapalle.
On 23.12.1990 PW 5 accompanied the deceased to Visakhapatnam.
On that score a group rivalry started.
and also the crops.
When some of the accused were saying that PW 1 should number be allowed to live and thought of throwing him into a well, he ran towards eastern side.
Thereafter A 4, A 7, A 9, A 10, A 11, A 13, A 26 beat deceased Kurmi Naidu indiscriminately.
WITH CRIMINAL APPEAL NOS.
The Government and the insurance companypany sanctioned Rs.500/ and Rs.1,000/ respectively to owner of each of the houses which was burnt.
So some residents of Patharlapalle sent a petition to the Mandal Revenue Officer who came to the house of A 15 Gorle A. Kasavayya and seized 375 cards.
Gorle Ramarao A 5 is the President of Yuvajana Sangam.
OF 2003 Arising out of SLP Crl.
Criminal Appeal Nos.
Therefore, the deceased persons and PW 1 stopped the motorcycle.
When the deceased Jogulu guestioned the accused about such highhandedness, A 2 beat him with a stout stick on his head and as a result of such assaults, deceased Jogulu fell down.
D. Ankamma PW 3 after companylecting cashew nuts and mangoes was on way to her house at Patharlapalle in the afternoon.
3088 90/97.
It was numbericed that the prosecution version was also incredible in the sense that if the accused persons who were 39 in number had the motive of killing PW 4, they companyld have done so in the village instead of going to the mango grove of A 29 and waiting for companying of deceased Kurmi Naidu and then attack him without any motive for doing so.
On 11.4.1991, early morning at about 5.45 a.m. they numbericed two dead bodies in the mango grove of A 25, and the motorcycle was also found nearby.
According to him, after the incident, he went to his house and told his brother that person of Peddagudibadi and Thatigudibedi had beaten him and the deceased.
On the next day PW 10 informed PW 4 all that he had heard.
One group was headed by A 29 and the other group by PW 4.
The said Sangam started companylecting Rs.50/ from each of the members.
In a faction ridden village when two rival groups were craving for the blood of each other, the prosecution version lacks credibility and is full of inconsistencies.
Due to fear of the Sangam headed by A 5 some persons joined in that Sangam.
When deceased 1 and 2 reached about one kilometer after Derasam near the mango grove of A 29, A 1 armed with a wooden plank beat deceased Kurmi Naidu on his head.
About one year prior to the death of the deceased on 10.4.1991 all the accused and some others attacked the house of PW 4 by hurling bombs.
On the basis of information lodged, investigation was done and on companypletion thereof charge sheet was filed for the alleged companymission of offences punishable under Sections 147, 148, 201, 307, 323, 326, 341, 342, 397, 302 read with Section 149 and Section 120B and 109 IPC.
On the date of occurrence at about 2 p.m. while he was returning from his land, he saw A 3 armed with crowbar like spear, A 1 armed with wooden plank and the remaining accused persons armed with stout sticks proceeding towards Kosta side from Peddagudibadi.
Then A 1, A 4, A 7 and A 9 tied the deceased Kurmi Naidu with a rope and carried him towards eastern side.
But fell down at Lankalacheruvu tank bund.
At that time A 4, A 12 and A 25 placed a cart across the road.
