*HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE V.SURI APPA RAO +Criminal Appeal No.954 of 2007 and Criminal Revision Case No.256 of 2007 % 23-3-2011 Criminal Appeal No.954 of 2007: # State of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of A.P., Hyderabad … Appellant/Petitioner Vs. $ 1. Putchalapalli Naresh Reddy, S/o.Parandhami Reddy, Aged: 25 years, R/o.Mettu village and 19 others … Respondents/Accused 1 to 20 Criminal Revision Case No.256 of 2007: # Mudi Krishna Reddy, B/o.Late M.Parandhami Reddy, R/o.Mettu (Via), Vidyanagar, Nellore, A.P. … Petitioner/Brother of deceased Vs. $ 1. Putchalapalli Naresh Reddy, S/o.Parandhami Reddy, Aged: 25 years, R/o.Mettu village and 19 others … Respondents/Accused 1 to 20 21. The State of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of A.P., Hyderabad … Respondent/Claimant ! Counsel for the Appellant: Public Prosecutor, High Court of A.P., Hyderabad. Counsel for the Respondents/: Sri C.Padmanabha Reddy, Accused Senior Counsel, Representing Sri P.Ganga Rami Reddy Counsel for Revn. Petitioner: Sri N.V.Raghava Reddy < Gist: > Head Note: ? Cases referred: 1. A.I.R. 1996 SUPREME COURT 1393 2. 1996 SUPREME COURT 3035 3. 7 (1) ALD (Crl.) 255 (AP) 4. 2010 (2) ALD (Crl.) 880 (SC) 5. 1999 (1) ALD (Crl.) 519 (AP) 6. A.I.R. 1985 SUPREME COURT 1384 HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE V.SURI APPA RAO Criminal Appeal No.954 of 2007 and Criminal Revision Case No.256 of 2007 Date: 23-3-2011 Criminal Appeal No.954 of 2007: Between State of A.P., Rep. by the Public Prosecutor, High Court of A.P., Hyderabad … Appellant/Petitioner and Putchalapalli Naresh Reddy and 19 others … Respondents/Accused Criminal Revision Case No.256 of 2007: Mudi Krishna Reddy … Petitioner/Brother of deceased and 1. Putchalapalli Naresh Reddy and 19 others … Respondents/Accused 21. The State of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of A.P., Hyderabad … Respondent/Complainant HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE V.SURI APPA RAO Criminal Appeal No.954 of 2007 and Criminal Revision Case No.256 of 2007 Common Judgment: (per V.Suri Appa Rao, J.) The State of Andhra Pradesh, represented by the Public Prosecutor and one Mudi Krishna Reddy, brother of the deceased Mudi Parandhami Reddy, filed these criminal appeal and criminal revision case, respectively, against the judgment of acquittal dated 27- 10-2006 in Sessions Case No.138 of 1998 on the file of the III Additional District and Sessions Judge (Fast Track Court), Nellore, Nellore district, whereby the accused 1 to 20 who were charged for the offences under Sections 147, 148, 302, 307 and 326 of IPC, Section 307 read with Section 149 of IPC and Section 326 read with Section 149 of IPC for causing the death of Mudi Parandhami Reddy and for causing injuries to P.W.3 P.Murali Reddy and L.W.2 P.Rajagopal Reddy and attempting to kill them, were found not guilty for the said charges and they were acquitted under Section 235 (1) of Cr.P.C. 2. Aggrieved by the order of acquittal, the State as well as the brother of the deceased filed these criminal appeal and criminal revision case necessitating this Court to dispose of both the matters by a common judgment. 3. The relevant facts leading to these criminal appeal and criminal revision case are as follows: There are two groups in Mettu village, Chittamur Mandal of Nellore district. One group is headed by Putchalapalli Parandhami Reddy, who belongs to the Telugu Desam Party and the rival group is headed by Mudi Parandhami Reddy, who belongs to the Congress-I Party. Several cases are pending against each other. Accused No.1 is the leader of his group and accused 2 to 20 are his followers. While so, on 25-3-1992 Putchalapalli Parandhami Reddy, father of accused No.1, was murdered and a case in Crime No.2 of 1992 was registered. There was a Police-picket and tension prevailed between the two groups in the village till 1996. Accused No.1 suspected that the deceased Mudi Parandhami Reddy was responsible for the murder of his father. There are disputes between one Pelluru Rajagopal Reddy (L.W.2), who is the brother of P.W.3 P.Murali Reddy and his brother accused No.19 about the division of land in Survey No.116. Therefore, P.W.3 and P.Rajagopal Reddy L.W.2 sought the assistance of the deceased Mudi Parandhami Reddy for mediation and they fixed up a date i.e. 25-11-1996 to settle the dispute. On 24-11-1996 P.W.3 and his brother P.Rajagopal Reddy L.W.2 requested P.Ws.1, 2, 4 and 5 for coolie work for ploughing the land at about 8.30 a.m. At that time, the deceased Mudi Parandhami Reddy came and sat on the ridge. Then, accused No.19, who is the brother of P.W.3 and P.Rajagopal Reddy L.W.2, and his son accused No.20 came there and objected P.W.3 from ploughing the land. The deceased Mudi Parandhami Reddy tried to pacify them and warned accused 19 and 20. On that, accused No.19 grew wild and left the place along with accused No.20. On the next day i.e., on 25-11-1996 accused 19 and 20 collected accused 1 to 18 and all of them formed themselves into an unlawful assembly with a common object of killing the deceased Mudi Parandhami Reddy, came in a tractor armed with deadly weapons like battle-axes, knives, spears, axes and sticks and stopped the tractor in front of the house of accused No.19. Thereafter, all the accused came to the land of P.Rajagopal Reddy L.W.2 through the sugarcane garden and surrounded the deceased Mudi Parandhami Reddy and attacked him with deadly weapons by raising cries “champandira naa kodukulni”. Accused No.1 axed the deceased with a battle-axe on the head. As a result the deceased fell down with bleeding injuries. When P.W.3 and P.Rajagopal Reddy L.W.2 came to the rescue of the deceased they were also beaten. Accused No.2 beat P.W.3 with the butt end of chillakathi (pick-axe) on the back side. Accused No.3 beat P.W.3 with the butt portion of the axe on the right hand. P.W.3 out of fear came to a distance to save his life and requested the accused not to kill them. After the deceased fell down, all the accused beat him indiscriminately all over his body with deadly weapons. Accused No.3 hacked the deceased with an axe on the head. Accused 4 and 5 stabbed the deceased with bitchuvas (knives) on the left side of chest and underneath the left arm-pit. Accused 6 and 7 speared on the left side back portion of the deceased. Accused No.8 stabbed the deceased with a chillakathi (pick-axe) on the left ear and abdomen. Accused No.9 speared on the left side of chest portion and on the umbilicus. Accused No.10 beat with a stick on the left temple of the deceased. Accused No.11 stabbed the deceased with a chillakathi (pick-axe) on the left side of chest and left temple. Accused No.12 beat the deceased with a battle-axe on the head. Accused No.12 hacked L.W.2 P.Rajagopal Reddy with a battle-axe on the head and when he fell unconscious, the other accused beat him. When P.W.6 came to the rescue of the deceased, P.W.3 and L.W.2 P.Rajagopal Reddy, he was threatened by the accused and was pushed aside. The deceased died on the spot with multiple injuries. After that, all the accused went away in the tractor. This was witnessed by L.Ws.15 to 17 Paricharla Venu, Vatturu Venkaiah and Vakati Shyamsundar Reddy. Later, the injured were taken to the Government Hospital, Vakadu in a tractor and as the doctor was not available there, they were shifted to the Government Hospital, Gudur. As the condition of L.W.2 P.Rajagopal Reddy was precarious, he was shifted to S.V.R.R. Hospital, Tirupathi. On receipt of the hospital intimation, P.W.14 the Inspector of Police, Gudur visited the Government Hospital and recorded the statement of P.W.3 and registered the same as a case in Crime No.175 of 1996 for the offences under Sections 147, 148, 307 and 302 read with Section 149 of IPC and transferred the same to Chittamur Police Station on the point of jurisdiction. The same was re- registered as a case in Crime No.58 of 1996. On 26-11-1996 P.W.17 the Inspector of Police, Vakadu took up investigation, visited the scene of offence, seized the material objects in the presence of punch witnesses P.W.9 and another. On 26-11-1996 the II Additional District Munsif, Tirupati recorded the dying declaration of L.W.2 P.Rajagopal Reddy at the Government Hospital, Tirupati. P.W.13 Dr. M.C.Narasimhulu, Civil Assistant Surgeon, Government Hospital, Gudur treated the injuries of P.W.3 and L.W.2 P.Rajagopal Reddy and issued wound certificates. P.W.17 the Inspector of Police, Vakadu after conducting inquest over the body of the deceased Mudi Parandhami Reddy, sent the dead body to the Government Hospital. P.W.13 also conducted post-mortem examination over the body of the deceased Mudi Parandhami Reddy. Subsequently, the accused were arrested and blood-stained weapons were seized under a cover of mediators’ report and after completion of the investigation, P.W.17 the Inspector of Police filed charge-sheet. 4. The learned III Additional District and Sessions Judge, Nellore framed charges – under Sections 147, 148 and 302 of IPC against all the accused, under Sections 307 and 326 of IPC against accused 2, 3 and 12, and under Section 307 read with Section 149 of IPC and Section 326 read with Section 149 of IPC against accused 1, 4 to 11 and 13 to 21. The accused pleaded not guilty. 5. The prosecution in order to prove the charges against the accused, examined P.Ws.1 to 17 and relied on Exs.P-1 to P-20 and M.Os.1 to 16. The accused examined D.Ws.1 to 6 and marked Exs.D- 1 to D-12. 6. Considering the evidence on record and after hearing, the learned III Additional District and Sessions Judge, Nellore found all the accused not guilty for the offences with which they were charged. 7. According to the prosecution, the deceased Mudi Parandhami Reddy died due to the injuries caused by the accused and that the death of the deceased was homicidal. To prove the fact that the death of the deceased was homicidal, the prosecution examined P.W.9 who acted as a punch witness and attested Inquest report under Ex.P-5 during inquest over the body of the deceased, P.W.13 Dr. M.C.Narasimhulu, Civil Assistant Surgeon, Government Hospital, Gudur, who conducted post-mortem examination over the body of the deceased and issued Ex.P-13 post-mortem certificate and P.W.17 the Inspector of Police who conducted inquest over the body of the deceased. 8. P.W.9 has stated in his evidence that about 8 years back himself, one Lalapeta Ramakrishnaiah L.W.25 along with the Police went to the scene of offence situated in the fields of one Rajagopal Reddy L.W.2 in Thimmareddyvagu. The Police prepared Ex.P-4 observation report. After that, the Police conducted inquest panchanama over the body of the deceased at the scene of offence. During inquest they noticed multiple injuries on the body of the deceased. They all opined that the deceased died due to multiple injuries sustained by him. He also attested Ex.P-5 inquest panchanama conducted by the Police. 9. P.W.13 Dr. M.C.Narasimham, Civil Assistant Surgeon, Government Hospital, Gudur has stated that on 26-11-1996 he received requisition from the Inspector of Police, Chittamur to conduct post-mortem examination over the body of the deceased. Accordingly, on the same day at 11 a.m., he started post-mortem examination over the dead body and found the following injuries: (1) A bone deep lacerated injury of about 3” x ½” extending from middle of skull to the left parietal bone. Blood stains present congestion present. Deeper to it sub scalp congested and dark. L shaped fracture of skull in mid line for about 3½” and to the right side of parietal bone. Brain coverings congested and dark. Sub dural haematoma present over the middle of brain. Brain matter congested and dark. There is basal fracture of skull transversely from one petrous part of the bone to the other and fracture of right parietal bone, blood clots and congestion present over the base of skull and at the fractured areas. Injury is ante mortem. (2) Swelling over right fronto parietal area of skull. Deeper to it sub-scalp congested with dark blood clots. Injury ante mortem. (3) Cut injury cartilage deep of about 1” over the upper part of helix of left ear present. Blood stains present with congestion. Injury is ante mortem. (4) Skin discoloured dark with swelling over left parotid region and a part of left face. Deeper to it dark blood clots with congestion present. Injury is ante mortem. (5) An incised injury of about 2½” x ½” x unknown depth in between 3rd and 4th intercostals space just medial to the mammary plane. Blood stains and congestion present. Deeper to it fracture of 3rd rib, severing the 3rd intercostals space entering the thorasic cavity injured irregularly left lung by cutting irregularly and injured the anterior part of heart muscle opening the heart chambers (auricle and ventricle) for about 2½”. Blood clots and congestion present at the intercostals region, over the lung injury and over the heart. Injury ante mortem in nature. (6) Another incised injury of about 2” x ½” x unknown depth over the 4th intercostals area just medial to mammary plane on left chest. Blood stains and congestion present. Deeper to it the 3th intercostals space opened and left 4th rib fractured and entered the thoracic cavity. Congestion and blood clots present at the fractured site and intercostals area. Injury is ante mortem in nature. (7) A cut injury bone deep of about 2” x ½” over the 5th intercostals space in the left anterior axillary line. Blood stains and congestion present. Injury is ante mortem. (8) Another cut injury bone deep of about 1½” x ½” over the 7th left intercostals space in the anterior axillary plane. Congestion and blood stains present. Injury is ante mortem. (9) Another cut injury bone deep of about 2½” x ½” in the mid axillary line on 5th left intercostals space. Blood stains and congestion present. Injury is ante mortem. (10) Cut injury skin deep of about ½” x ½” in 7th left intercostals area in the mamillary plane. Blood stains and congestion present. Injury is ante mortem. (11) Another cut injury of about ½” x ½” skin deep just below the above injury. (12) Another cut injury of about 2” x ½” x unknown depth over the lower aspect of back of left chest present. Internally the last rib fractured on the back in the posterior mid line on left side entering the abdominal cavity and injured the left kidney for about ¾. Congestion and blood clots present over the injured areas internally. Thoracic cage contained clotted blood for about 1½ litres. Blood clots also present in abdominal cavity. Injury is ante mortem. (13) Another cut injury bone deep of about 1½” x ½” over the line on lumbar area. Blood stains and congestion hyoid bone, normal. Neck tissues normal. Stomach contains of about 1 oz of coffee coloured fluid. Genitals normal. Intestines normal. He is of the opinion that the deceased would have died of shock due to head injury and injury to the brain and heart and other multiple injuries and haemorrhage. He further stated that Ex.P-3 is the post- mortem certificate issued by him. 10. P.W.17 the then Inspector of Police, Vakadu Police Station deposed that on 25-11-1996 he visited Mettu village at about 2 p.m. By that time the Sub Inspector of Police, Kota, Chittamur, Ozili and Gudur Rural Police Stations were present. Police-picket was also arranger. Later, he came to know that one Mudi Parandhami Reddy was murdered in Thimmareddyvagu fields. Immediately he rushed to the scene of offence and found the body of the deceased with multiple injuries in a pool of blood. After receiving a copy of FIR in this case he took up investigation. He again visited the scene of offence, prepared rough sketch of the scene of offence duly showing photographical and physical features. He also seized blood-stained earth and control earth, and got photographed the scene of offence. Thereafter, he held inquest over the body of the deceased at the scene of offence in the presence of P.W.9 and others. During inquest he also examined the witnesses. As per the opinion of the panchayatdars and as per the statement of the witnesses, all of them opined that the death of the deceased was homicidal. 11. Thus, in view of the evidence of P.Ws.9, 13 and 17 and as per the inquest report Ex.P-5 and post-mortem certificate Ex.P-13, the death of the deceased was found to be homicidal and there is no dispute about the homicidal death of the deceased. 12. It is the case of the prosecution that P.Ws.1 to 7 witnessed while the accused attacking the deceased near the land of P.Rajagopal Reddy L.W.2. 13. Out of the eyewitnesses examined by the prosecution, P.W.1 is Vakati Ramanaiah and P.W.2 is Rayapati Venkata Ramanaiah, who were engaged by P.W.3 and L.W.2 Rajagopal Reddy for ploughing the disputed land. P.W.3 is Pelluru Murali Reddy, brother of P.Rajagopal Reddy L.W.2, who were having disputes with their another brother accused No.19 and who witnessed the incident. P.Ws.4 and 5 are Bandila Muthyalaiah and Rayapati Kotaiah, who were also engaged by P.W.3 for ploughing his land and who witnessed the incident. P.Ws.6 and 7 went to the disputed land along with the deceased and others and who witnessed the incident. 14. P.Ws.1 and 2 who witnessed the incident did not support the prosecution case and they turned hostile to the prosecution and both of them have stated that they were never engaged by P.W.3 or Rajagopal Reddy as coolies for ploughing the land and they did not witness any incident and they did not know anything about the cause of death of Mudi Parandhami Reddy. 15. P.W.3 has stated in his evidence that Rajagopal Reddy L.W.2 is his elder brother and Karunakar Reddy L.W.3 is his son. Accused No.19 is also his elder brother and accused No.20 is the son of accused No.19. Himself and Rajagopal Reddy L.W.2 are residing jointly. The other brothers accused No.19 and another brother Dhanunjaya Reddy were partitioned from the joint family and residing separately and there are disputes between him and Rajagopal Reddy L.W.2 on one side and accused 19 and 20 on the other with regard to the land in Survey No.116 of Thimmareddypalem. 16. P.W.3 has further stated in his evidence that on 24-11-1996 himself and his brother Rajagopal Reddy went to Mettu village to the house of deceased at about 5 p.m., and requested him to mediate the land dispute between them and accused No.19 and another brother Dhanunjaya Reddy. On that the deceased agreed to come on the next day i.e., on 25-11-1996 to the fields for settlement of disputes among the brothers. On the same day he went to Harijanawada of Mettu village for engaging coolies and engaged P.Ws.1, 2, 4 and 5 to plough the lands on 25-11-1996. On the same day evening they returned back to Thimmareddyvagu. On 25-11-1996 at 7 a.m., himself, his brother Rajagopal Reddy L.W.2, Karunakara Reddy L.W.3, his senior paternal uncle Narayana Reddy and one Bangaraiah went to their fields for ploughing the land and started ploughing the land. At about 8 a.m., the deceased, P.Ws.6 and 7 and Mohan L.W.11 came to the land. The deceased sat on the ridge. There is a sugar cane garden to the north of the ridge. Himself, his brother Rajagopal Reddy were talking with the deceased who sat on the ridge. After half an hour, his elder brother accused No.19 and his son accused No.20 came to the lands and asked them to stop ploughing the land and raised objection. The coolies stopped ploughing the land. Meanwhile the deceased being elder intervened and told them that the disputes will be settled later and asked the coolies to plough the land. On that accused 19 and 20 left the fields. The coolies ploughed the land as usual and they were again talking with each other. At about 10 a.m., all the accused came there armed with deadly weapons from sugar cane garden side i.e., from northern side. Accused No.1 who was armed with a battle-axe raised cries as “champandira”. By saying so accused No.1 hacked the deceased on his head with the battle-axe, as a result of which the deceased fell down on the ground with bleeding injury. When he intervened, accused No.2 who was armed with chilakathi beat him with reverse side butt end of the chilakathi on the back side of his head resulting a bleeding injury. Accused No.3 who was armed with an axe gave a blow on the head of the deceased, resulting bleeding injuries. Immediately he (P.W.3) folded his both hands to accused No.3. On that with the reverse of that axe he beat him on his left fore hand, resulting a bleeding injury. Accused No.4 stabbed the deceased with a bitchuva on the left side of the chest and underneath the left arm-pit. Accused No.5 stabbed the deceased with a bitchuva on the left side of chest and underneath the left arm-pit. Accused No.6 stabbed the deceased with a spear on the left side back portion. Accused No.7 stabbed the deceased with a spear on the left side back portion. Accused No.8 stabbed the deceased with a chilakathi on the left ear and on the abdomen of the deceased. Accused No.9 stabbed the deceased with a spear on the left side chest portion and also on amlicus. Accused No.10 beat the deceased with a stick on his left tempo resulting contusion, due to which blood oozed out from the left ear of the deceased. Accused No.11 stabbed the deceased with a chilakathi on the left side tempo near the left ear and also on the abdomen of the deceased. Accused No.12 hacked the head of the deceased with a battle-axe. Then Rajagopal Reddy L.W.2 folded both hands as to why they are beating Parandhami Reddy who already died. Accused No.2 then hacked Rajagopal Reddy with a battle-axe on his head, resulting a bleeding injury. On that, Rajagopal Reddy fell unconscious. Then P.W.6 came to their rescue but the accused pushed him aside. The other accused also beat the deceased indiscriminately with sticks and iron rods, resulting multiple injuries. After the death of the deceased, the accused left the scene of offence. 17. P.W.3 further deposed that after 15 minutes one Devareddy Subramanyam Reddy brought a tractor to the fields. Himself, his brother Rajagopal Reddy and P.W.6 went to the Government Hospital, Vakadu for treatment. As there was no doctor at the hospital, Subramanyam Reddy again brought a car and took them to the Government Hospital, Gudur and he got admitted them in the hospital. As Rajagopal Reddy received a grievous injury, the doctor at the Government Hospital, Gudur referred him to Ruya Hospital, Tirupati by arranging an ambulance. While he was undergoing treatment at the Government Hospital, Gudur the Police came and recorded his statement. Ex.P-3 is the statement recorded by the Police. After that also he was again examined by the Police. He further stated that he can identify the weapons used by the accused at the time of offence. According to him, accused 1 and 2 were armed with battle-axes M.Os.1 and 2, accused 6, 7 and 9 were armed with spears M.Os.3 to 5, accused 2, 8 and 11 were armed with chilakathies each, which are M.Os.6 to 8 and accused 4 and 5 were armed with bitchuvas and they are M.Os.9 and 10. 18. In the cross-examination, P.W.3 has admitted that the names of accused 13 to 20 were not mentioned in Ex.P-3 complaint. So also the names of P.Ws.1, 2, 4 and 5 were not referred in Ex.P-3 complaint and also the role played by them. He denied the suggestion that himself and his son Karunakar Reddy were not present at the time of the alleged incident and that he did not receive any injuries. He also further denied that the injuries on his body are created as if he is present at the time