10,000/ each, in default, to undergo simple imprisonment for a period of six months whereas the remaining forty six accused persons undergo rigorous imprisonment for a period of three years.
Before this Court, three appeals have been filed by the State of Andhra Pradesh viz.,
Thereupon A 4, A 12 and A 23 to A 26 and some other persons are said to have chased deceased Tella Yevasu D 4 and assaulted him indiscriminately with stout sticks by A 4, A 25 and A 26, with spears by A 12 and A 23 and with an axe by A 24.
A 27 was identified by Tella Yebu PW 10, Munnangi Suvatratha PW 20 and Tella Bennu PW 45 as a person armed with an axe.
3 , A 33 Respondent No 18 , A 40 Respondent No 22 , A 67 Respondent No 38 and A 93 Respondent No 50 are companycerned, numberwitness stated that they were members of unlawful assembly.
A 73 was named by Pilli Mastan PW 25 and Tella Yesobu PW 32 as a person who was present with other accused persons.
Both the sentences were, however, ordered to run companycurrently.
So far A 40 is companycerned numberwitness stated that he was member of unlawful assembly.
A 72 was identified by Tella Symon PW 7 and Benthat Veeraiah PW 18 as a member of unlawful assembly.
Rayaneedi Prasad Accused No.
Thereafter other accused persons assaulted Munnangi Ankaiah PW 2, Manda Pentaiah PW 5, Chunduru Doss PW 6, Tella Symon PW 7, Nune Visranthamma PW 8, Munnangi Nageswara Rao PW 9, Tella Yebu PW 10, Vusurupati Ramanamma PW 11, Tella Solomon PW 12, Tella Kanthamma PW 13, Tella Mariyamma PW 14, Munnangi Laxmaiah PW 15, Tella Victoria PW 16, Duddu Sulochana PW 17, Benthat Veeraiah PW 18, Daddu Yesu PW 19, Duddu Veeramma PW 22, Thella Leelamma PW 24, Pilli Mastan PW 25, Tella Mukkanti PW 46, Tella Moshe PW 47 and Pandiri Nageswara Rao PW 76.
A 82 was identified by PW 15 and PW 41 to be a person who was present along with the accused persons.
356 of 1999 who were facing charge under Section 148 I.P.C., A 22 Respondent No 13 , A 31 Respondent No 16 , A 32 Respondent No.
A 45 was identified to be member of unlawful assembly by a solitary witness Tella Prakasanm PW 35.
Further prosecution case was that on 17.07.1985 at about 7.00 am the accused persons went to Madiga Palli armed with spears, axes, crowbars and stout sticks with an ulterior motive to companymit offences.
17 , A 45 Respondent No 26 , A 52 Respondent No 30 , A 58 Respondent No.
The said five deceased persons succumbed to their injuries.
The remaining twenty nine persons of the police case and other accused persons of the companyplaint case were acquitted of the charges.
2, 3 and 4 is held to have abated in view of the fact that they died during the pendency of this appeal and the appeal filed against respondent No.
Deceased Duddu Ramesh D 5 is also said to have been assaulted by the accused persons.
So far A 93 is companycerned numberwitness stated that he was member of the unlawful assembly.
A 92 is said to have been identified by PW 18 alone.
A 31 was identified by PW 38 as a person armed with an axe.
A 17 was identified by Duddu Makaiah PW 66 and Kommuri Lyman PW 79 as a person who was present at the time of the occurrence with other accused persons.
A 18 was identified by Pilli Mahalakshmi PW 58 and Duddu Bennu PW 61 as a member of the unlawful assembly who was armed with axe.
A 56 was identified by PW 15 and Tella Singaiah PW 51 as a member of unlawful assembly.
A 85 was named by Tella Rebunu PW 36, PW 39 and PW 58 as a member of the unlawful assembly.
357 of 1999 in relation to respondent Nos.
Trial in both the cases was taken up jointly and only one set of evidence was recorded therein.
A 76 was identified as a member of the unlawful assembly by PW 32 alone.
A 42 was identified by Duddu Prabhakar PW 23, Thella Leelamma PW 24, Tella Sujanamma PW 26, PW 28, PW 35 and Duddu Marthamma PW 48 as a member of the unlawful assembly.
Out of fifty respondents of Criminal Appeal No.
After the occurrence the accused persons fled away.
A 52 was identified by Tella Anandam PW 39 as a person present with other accused persons.
A 68 has been identified by Duddu Bennu PW 61 as a member of unlawful assembly.
A 86 was identified by PW 13, PW 16, PW 17, PW 41 and Tella Yesu PW 74 as a person who was present with other accused persons.
A 43 was identified by PW 15, Tella Ankamma PW 63 and Kommuri Lyman PW 79 as a person present with other accused persons.
A 19 was identified by Munnangi Laxmaiah PW 15 and Benthat Beeraiah PW 18 as a person who was at the place of occurrence along with other accused persons.
A 48 was named by PW 3 and PW 47 as a person who was present along with other accused persons.
Apart from filing the appeals by the State, on behalf of the Tella Zedson PW 1, three special leave petitions have been filed challenging the same very order of acquittal which were registered as SLP Crl.
At that time A 1 and A 69 were pacified by PW 76, thereupon A 1 and A 69 went to the house of PW 20 along with Pothina Thirupathaiah A 27 and others and abused and assaulted her PW 20.
A 57 has been named by Tella Kanthamma PW 13, PW 15 and Tella Anandam PW 39 as a person present along with other accused persons.
A 29 who was identified by Tella Prakasam PW 35 and Tella Sundaramma PW 38 as a person who was armed with spear.
So far A 67 is companycerned, numberwitness stated that he was member of the unlawful assembly.
Likewise A 80 was identified as a member of unlawful assembly by PW 57 alone.
Three appeals were filed before the High Court against the judgment of the trial companyrt, one by fifty persons who were companyvicted under Section 148 IPC, another by five accused persons who were companyvicted under Sections 302 and 148 IPC and the third appeal by the State of Andhra Pradesh challenging the order of acquittal in relation to twenty persons, viz.,
About A 16, Tella Moshe PW 47 and Duddu Makaiah PW 66 have stated that this accused was member of the unlawful assembly.
So far A 11 Respondent No.
A 15 was identified as a member of unlawful assembly armed with a stick by Duddu Veeramme PW 22 and Duddu Prabhakar PW 23.
respondent number 19 P.V. Subbaiah A 35, respondent number 25 D. Papa Rao A 44, respondent number 28 P. Krishna Murthy A49, respondent number 35 D. Brahmanaidu A 59 and respondent number 48 P.G. Subba Rao A 91 died.
The witness then stated that D 2 and D 3 were running and accused Yarlagadda Butchinayudamma A 14 , Gammathy Anjaiaha A 24 , Pothina Krishna Murthy A 49 , Yarlagadde Siviah A 51 , Daggupeti Brahmanayudu A 58 armed with sticks, axes and spears were chasing them shouting that they should be done to death.
A 58 was identified by the solitary witness PW 79.
Fifty accused persons of the said case, viz.,
A 65 was identified by Tella Yacob PW 31 and Duddu Issack PW 57 as a member of the unlawful assembly.
At that point of time upon the instigation of A 1, A 2, A 19, A 36, A 37 A 77 to A 79 A 3, A 14, A 16 and A 20 are said to have chased deceased Tella Muthaiah D 3 and assaulted him with a stout stick by A 3, with an axe by A 14 and with spears by A 16 and A 20.
In this way, out of the aforesaid 45 respondents of Criminal Appeal No.
A 50 was identified by PW 13, PW 16, Duddu Sulochana PW 17 and PW 79 as a member of the unlawful assembly.
On the intervention of PW 76 the matter was again pacified.
A 36 was named by Tella Ammaiah PW 62 who was number examined by the police and numberexplanation is forthcoming for the same.
Rayannedi Sitaramaiah A 2, Chaganti Nageswara Rao A 5, Vankayalapati Laxminarayana A 11, Yarlagadda Arjunarao A 12, Pothina Raghavaiah A 13, Yarlagadda Butchinaidu A 14, Daggupati Masthanarao A 15, Daggupati Nagamna A 16, Perni Aajaiah A 17, Perni Pratap A 18, Perni Venkanna A 19, Kondragunta Narasimha A 21, Jagarlamudi Babi A 22, Pothipa Tirupataiah A 27, Pothina Rangaiah A 29, Jagarlamudi Sanjivaiah A 31, Jagarlamudi Ramu Alias Radhakrishnamurthy A 32, Pthina Lakshminarayana A 33, Perni Venkatasubbaiah A 35, Yarlagadda Subbarao A 36, Pothina Akkaiah A 39, Goturu Alias Gottipati Lakshmiah A 40, Goturi alias Gottipati Venkateswarlu A 42, Daggupati Kishore A 43, Daggupati Paparao A 44, Gottipati Venkateswarlu A 45, Daggupati Hari A 48, Pothina Krishna Murthy A 49, Yarlagadda Ramesh A 50, Yarlagadda Apparao A 52, Kampalli Veeranarayana A 55, Pothina Venkatesubbaiah alias Venkatasubbaiah Chowdary A 56, Pothina Prasad A 57, Daggupati Brahmanaidu A 58, Veerathu Prasad alias Ramprasad A 59, Rayaneedi Venkateswarlu A 65, Pothina Ranganayakulu A 66, Talluri Paparao A 67, Balija Subba Rao A 68, Pothina Srinivasarao A 69, Yarlagadda Venkateswarlu A 72, Yarlagadda Singaiah A 73, Yarlagadda Tirupataiah A 76, Yarlagadda Veeranarayana A 80, Mandava Vithal alias Panduranga Vithal A 82, Gorantla Tirupathaiah A 85, Daggupati Anjaiah A 86, Pothina Gnanayyagari Subba Rao A 91, Nadendla Papa Rao A 92 and Jagarlamudi Satyam alias Sriramulugari Satyam A 93, though acquitted of the other charges, were companyvicted under Section 148, IPC and out of them four persons, viz.,
1, in short A 1, Chaganti Satyanarayana A 4, Chaganti Subbarao A 7, Rayani Alias Gammathu Raghavaiah A 23 and Rayani Alias Gammathu Anjaiah A 24 were companyvicted under Section 302 of the Indian Penal Code hereinafter referred to as IPC and sentenced to undergo imprisonment for life.
357 of 1999 respondent number 2 C. Satyanarayana A 4, respondent number 3 Subba Rao A 7 and respondent number 4 R. Raghavaiah A 23 died during its pendency.
Both of them went to Madiga Kunta and started abusing PW 76, who is numberody else than brother in law of PW 20.
356 of 1999 against the order of acquittal rendered by the High Court in relation to fifty accused persons, Criminal Appeal No.
Although one more person is said to have received injuries but it is number known whether he received injuries during the companyrse of the present occurrence as numberaccused person in the present case has been charged for his murder.
A 39 was identified by PW 15, PW 35 and Duddu Yacob PW 42 as a person who was present along with other accused persons and armed with spear.
No appeal was filed in relation to the remaining nine acquitted accused persons of police case and acquitted accused persons of companyplaint case.
During trial out of the accused persons of police case five persons died and cases of five were separated, companysequently 84 persons were tried along with accused persons of companyplaint case.
A 55 was named by PW 17 and Duddu George PW 41 as a person present along with other accused persons.
On appeal being preferred by the companyvicted accused persons their companyvictions have been set aside whereas appeal filed by the State challenging the order of acquittal in relation to 20 persons of police case has been dismissed by the High Court whereupon the present appeals have been filed by the State by special leave and special leave petitions by Tella Zedson PW 1 as stated above.
A 69 was named by PW 15, PW 20, Katti Chandraiah PW 21, PW 35, Duddu Masthnamma PW 40, PW 45 and Tella Bujji PW 53 as a person present along with other accused persons.
Upon companyclusion of trial, out of 84 accused persons of police case, trial companyrt companyvicted five accused persons under Sections 302 and 148 IPC whereas fifty accused persons under Section 148 IPC.
Feeling humiliated, A 69 informed about the incident to his brother in law Rayaneedi Prasad A 1.
About A 22, Tella Mariyamma PW 14 stated that he was member of the unlawful assembly and was armed with a stick.
A 5 was been named by Tella Soloman PW 12, Tella Yesobu PW 32 and Tella Subba PW 55 as a member of the unlawful assembly and was armed with a stick.
Criminal Appeal No.
356 of 1999 five persons, viz.,
34 , A 68 Respondent No 39 , A 76 Respondent No 43 , A 80 Respondent No 44 and A 92 Respondent No 49 have been identified as a member of unlawful assembly by a solitary witness, as such it is number safe to place reliance thereon in the facts and circumstances of the present case.
So far as deceased Tella Moshe D 2 is companycerned, he is said to have been chased by A 23 to A 25 and assaulted him with spear on his head as well as on his left leg by A 23, with an axe on right leg and head by A 24 and with a stout stick on his left hand by A 25.
3788 90 of 1998 and the same were directed to be heard along with the said appeals.
Prosecution examined 104 witnesses and adduced documentary evidence.
Kammas and Madigas Harijans in village Karamchedu.
So far as A 33 is companycerned, numberwitness has stated that he was a member of the unlawful assembly.
A 32 has been named by PW 15 as a person present along with accused person.
358 of 1999 is companycerned, therein also three persons, viz.,
A 2 was identified by Munnangi Laxmaiah PW 15, Tella Victoria PW 16, Tella Salomi PW 30, Tella Singaiah PW 51 and Duddu Makaiah PW 66 who have specifically stated that this accused was present at the place of occurrence and was armed with lathi.
A 66 was identified by PW 14 and Tella Leelamma PW 24 as a person present along with other accused persons.
A 1, A 69 and their relatives who belonged to Kamma companymunity felt humiliated and they wanted to teach a lesson to the Madigas with the help of their caste men.
A 14, according to the evidence of Tella Sundaramma PW 34 and Tella Moshe PW 38 was armed with an axe and was present at the time of the occurrence.
Likewise, in Criminal Appeal No.
Learned Magistrate took companynizance in both the cases and summoned accused persons of both the cases and they were companymitted to the Court of Sessions to face trial.
358 of 1999, we are required to companysider cases of 17 respondents only, three having died.
So far as Criminal Appeal No.
Munnangi Abraham PW 4 stated that a large number of Kammas, including all the accused persons, were gathering under the neem tree and were armed with spears, axes, sticks and casurina sticks.
357 of 1999 against the same acquitting five persons who were companyvicted by the trial companyrt under Sections 302 and 148 IPC and the third being Criminal Appeal No.
They were further companyvicted under Section 148 IPC and sentenced to undergo rigorous imprisonment for a period of three years.
Yarlagadda Nayugamma A 8, Mandava Radhakrishna Murthy A 9, Gorantla Anjaiah A 10, Yarlagadda Udayabhaskara Rao A 20, Pothina Mohana Rao A 28, Yarlagadda Anjaneyulu A 30, J. Ramu A 32 Puvvati Nageswararao A 37, Yarlagadda Nageswara Rao A 46, Charukuri Venkateswarlu A 47, Yarlagadda Somaiah A 53, Yarlagadda Brahmaiah A 54, Ganta Tirupathaiah A 60, Daggupati Krishnamurthy A 61, Yarlagadda Venkanna A 62, Daggupati Rattaiah A 63, Pothina Laxminarayana A 64, Chaganti Nayudamma alias Vaddila Nayudamma A 74, Mandava Venkatesubbaiah alias Subbarayudu A 75, and Yarlagadda Krishna Murthy A 90 all of whom were accused in police case.
respondent number 1 Y. Naidumma A 8, respondent number 3 G. Anjaiah A 10 and respondent number 15 Y. Venkanna A 62 died.
During assembly elections, members of Kammas companymunity supported Telugudesam Party and the Madigas Congress Party.
The immediate cause for the incident was that on 16.07.1985 at 3.00 pm A 69 took his cattle to fresh water tank at Madigapalli, which is companymonly known as Madiga Kunta, and when he was taking out water therefrom for drinking of buffaloes, the same was protested by Chandraiah PW 21, upon which he was given a beating by A 69.
358 of 1999 which is against the order whereby acquittal of twenty accused persons has been companyfirmed by the High Court.
Defence examined four witnesses and adduced documentary evidence.
Munnangi Abraham PW 4 and Manda Pentaiah PW 5.
The remaining 29 accused persons of police case and the other accused persons of companyplaint case were acquitted.
During the companyrse of cross examination, it was suggested to the witness that in his statement made before the police he did number state that he was chased by the accused persons which suggestion was denied by him though Investigation Officer, PW 104 deposed that PW 4 did number state before him that some of the Kammas chased him.
At that time, Munnangi Suvartha PW 20, who was also present there, protested whereupon A 69 assaulted her also and at that point of time Pandiri Nageswara Rao PW 76 intervened and pacified the matter.
A 27, A 35, A 44 and A 65 were sentenced to pay a fine of Rs.
Prosecution case in short was that since long time past dispute was going on between two companymunities, viz.,
In this way these three appeals in relation to the aforesaid eleven respondents abated.
In relation to these seventeen respondents the High Court has companyfirmed order of acquittal.
Members of the Kamma companymunity were having grievances against the Madigas as they were number giving due regard and number extending companyrtesy to them which was being extended since time immemorial.
Apprehending that something untoward may happen, when the witness started running towards the tank, accused Chatanti Subba Rao A 27 , Puvvada Rattaiah Nageswara A 57 and Puvvada Rattaiah A 91 were running behind him.
So far as A 24 is companycerned, he was identified as a member of unlawful assembly as well besides assailant by PW 4 and PW 5.
357 of 1999 in relation to the charge under Section 148 I.P.C. A 1 has been named by Tella Mariyamma PW 14, Tella Victoria PW 16, Duddu Sulochna PW 21, Tella Bennu PW 45, Tella Singaiah PW 51, Tella Bujji PW 53, Duddu Issack PW 57, Duddu Makaiah PW 66, Duddu Bhaskar Rao PW 72, Pandiri Nageswara Rao PW 76, Tella Papaiah PW 78 and Kommuri Lyman PW 79 as member of unlawful assembly.
A 13 was identified by Tella Moshe PW 47 and Duddu Prasad PW 68 as a person present at the time of the occurrence with a spear.
A First Information Report hereinafter referred to as FIR was lodged in which the police upon registration of the case took up investigation and upon companypletion thereof submitted chargesheet against ninety four accused persons whereupon a companyplaint was filed before the learned Magistrate in which apart from ninety four accused persons against whom chargesheet was submitted names of seventy more persons were disclosed who were number sent up by the police.
Defence of the accused persons was that they were innocent, had numbercomplicity with the crime and numberoccurrence much less the occurrence alleged had taken place but they were falsely implicated on account of two factions in the village.
Some of the accused persons had taken the plea of alibi.
A 12 was identified by PW 38 and PW 68 as a person who was present at the place of occurrence with a spear.
When they arrived there deceased Duddu China Vandanam D 1 was washing in a Kostam called Dharmaraju Kostam near a church when A 6, A 7, A 15 and A 16 upon the instigation of A 14, A 18, A 36 to A 43, A 66, A 73, A 75, A 76 and A 77 assaulted D 1 with axes and spears.
High Court allowed both the appeals filed by the accused persons and acquitted them of the charges and dismissed the appeal filed on behalf of the State of Andhra Pradesh and companyfirmed the order of acquittal.
So far as A 11 is companycerned, numberwitness stated that he was member of unlawful assembly.
356 of 1999 and two persons of Criminal Appeal No.
Another witness to prove the charge of murder against A 24 is Manda Pentaiah W. 5.
A 21 was identified by Pilli Mastan PW 25 and PW 58 as a person who was present at the place of occurrence along with other accused persons.
Thus, the remaining eighty four accused persons along with accused persons in the companyplaint case filed for the same occurrence and also companymitted to the companyrt of sessions to face trial, were charged and tried and by judgment rendered by trial companyrt, out of eighty four persons of police case, five accused persons, viz.,
N. AGRAWAL, J. Out of ninety four chargesheeted accused persons of the police case, who were companymitted to the companyrt of sessions to face trial, five persons died during trial and case of other five were separated as they were absconding.
