*HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE V.SURI APPA RAO +Criminal Appeal No.917 of 2007 % 15-3-2011 # State of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of A.P., Hyderabad … Appellant/Petitioner Vs. $ 1. Rayapati Thirupathi Reddy, S/o.Padda Venkata Reddy, aged 45 years, R/o.Kodigandlapalli village, Muddanur Mandal, Kadapa district and 17 others … Respondents/ Accused 1 to 9, 11 and 13 to 20 ! Counsel for the Appellant: Public Prosecutor, High Court of A.P., Hyderabad. Counsel for the Respondents: Sri C.Padmanabha Reddy, Senior Counsel, Representing Sri C.Praveen Kumar < 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.917 of 2007 Date: 15-3-2011 Between The State of A.P., Rep. by the Public Prosecutor, High Court of A.P., Hyderabad … Appellant/Petitioner and Rayapati Thirupathi Reddy and 17 others … Respondents/Accused HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE V.SURI APPA RAO Criminal Appeal No.917 of 2007 Judgment: (per V.Suri Appa Rao, J.) The State of Andhra Pradesh, represented by the Public Prosecutor filed this criminal appeal under Section 378 (3) and (1) of Cr.P.C., against the judgment dated 06-4-2005 in Sessions Case No.370 of 2000 on the file of the II Additional Sessions Judge, Kadapa at Proddatur, whereby the accused were acquitted under Section 235 (1) of Cr.P.C for the charges under Sections 147, 148, 302, 302 read with Section 149 of IPC and 392 of IPC and Sections 3, 5 and 6 of Explosive Substances Act, 1908. 2. The brief facts, which are necessary to dispose of this criminal appeal, are recapitulated as under: The deceased Bala Gangi Reddy and his brother Ramachandra Reddy belong to the Congress-I Party. The accused belong to the Telugu Desam Party. There are ill-feelings between the two groups. In the elections, the deceased Bala Gangi Reddy and his brother Ramachandra Reddy supported the Congress-I Party, for which the accused bore grudge against the deceased Bala Gangi Reddy and his brother Ramachandra Reddy and decided to kill them. On 04-12-1999 in the morning the deceased Bala Gangi Reddy, his brother Ramachandra Reddy and their family members were attending the agricultural works in their respective fields situated on the western side of Kodigandlapalli village at a distance of 2 furlongs from Mangapatnam Railway Gate and at about 6.30 a.m., P.W.1 Y.Ganga Bhavani (daughter of the deceased Bala Gangi Reddy), P.W.3 Y.Narayanamma (wife of the deceased Bala Gangi Reddy) and others heard the weeping cries and all of them noticed the dead body of one Rayapati Narayana Reddy, who died due to electrocution near by their fields. After that, they were again attending to their regular works. On the same day at about 7.30 a.m., the accused 1 to 8 came near the deceased Bala Gangi Reddy whistling war cries and hurling bombs with an intention to kill the deceased Bala Gangi Reddy. Therefore, due to fear of life the deceased Bala Gangi Reddy left the fields and was running towards Korrapadu road to go to the village. P.W.1 Ganga Bhavani also left the field and started going to the village. When P.W.1 reached the railway gate, P.W.2 Y.Ramakrishna Reddy, son of Ramachandra Reddy, came to know that some of the villagers were going to kill his family members working at the fields. He then immediately reached the railway gate. Both P.Ws.1 and 3 met P.W.2. Meanwhile, the deceased Bala Gangi Reddy came to the railway gate running on the tar road and from there, he was running towards Kodigandlapalli village. Then, accused No.4 instigated the other accused to kill the deceased Bala Gangi Reddy. Accused 5 and 6 hurled bombs, which were exploded and caused injury to the right leg of the deceased Bala Gangi Reddy, due to which he fell down. Accused 1 and 2 hacked the deceased Bala Gangi Reddy with hunting sickles on his head. Bala Gangi Reddy died due to the injuries. Accused No.3 then cut the right hand fingers of the deceased Bala Gangi Reddy and took away the fingers along with a gold ring. Meanwhile, accused 9 to 21 came near the body of the deceased Bala Gangi Reddy by hurling bombs and all the accused went towards the village by whistling cries. The incident was witnessed by P.Ws.1 to 3 and a complaint was given by P.W.1 Ganga Bhavani, daughter of the deceased Bala Gangi Reddy. P.W.10 the Inspector of Police investigated into the offence and conducted inquest over the body of the deceased Bala Gangi Reddy in the presence of P.Ws.4, 5 and others. He seized the shirt, dhoti, banian, waist thread of the deceased and blood-stained tar during inquest. On 05-12-1999 at about 6.30 a.m., he conducted observation of the scene of offence and seized half burnt thread pieces and chappals of accused No.1 under the cover of panchanama in the presence of P.W.4 and others. Thereafter, he arrested all the accused in the presence of P.W.5 and others, and seized a plastic bucket of 3 country made bombs from the possession of accused No.6 and two hunting sickles from the possession of accused 1 and 2 basing on their confessional statements in the presence of P.W.5 and others. P.W.6 Dr. V.Lakshmi Narayana Reddy, Medical Officer, Government Hospital, Jammala Madugu conducted post-mortem examination over the body of the deceased Bala Gangi Reddy and issued Ex.P-4 post- mortem certificate. After receiving the F.S.L. Report, the Inspector of Police filed charge-sheet against the accused. 3. The learned I Additional Sessions Judge, Cuddapah framed charges -- under Section 147 of IPC against accused 1 to 8, under Section 148 of IPC against accused 1, 2, 5 and 6, under Section 302 of IPC against accused 1, 2, 5 and 6, under Section 302 read with Section 149 of IPC against accused 3, 4, 7 and 8, under Section 392 of IPC against accused No.3, under Sections 3 and 5 of the Explosive Substances Act, 1908 against accused 5, 6 and 9 to 21 and under Section 6 of the Explosive Substances Act, 1908 against accused 1 to 4, 7 and 8. The accused pleaded not guilty. 4. In order to establish the above charges against the accused, the prosecution examined P.Ws.1 to 12 and marked Exs.P-1 to P-10 and M.Os.1 to 7. During the cross-examination of P.Ws.1 to 3, the defence got marked Exs.D-1 to D-7. 5. Considering the evidence on record and after hearing, the learned II Additional Sessions Judge, Kadapa at Proddatur found all the accused not guilty for the offences with which they were charged. 6. During trial, accused 10, 12 and 21 died and the case against them was abated. 7. In order to prove that the death of the deceased Bala Gangi Reddy was homicidal, the prosecution examined P.Ws.4, 5, 6 and 9 and relied on Ex.P-3 inquest panchanama attested by P.Ws.4 and 5 and Ex.P-4 post-mortem certificate issued by P.W.6. 8. P.W.4 M.Pedda Aswartha Reddy and P.W.5 D.Khader Basha, Village Administrative Officer of Mangapatnam village have stated in their evidence that the deceased Bala Gangi Reddy and his brother Ramachandra Reddy died about 3½ or 4 years back. Both of them were present during inquest over the body of the deceased Bala Gangi Reddy and they noticed injuries over the body of the deceased Bala Gangi Reddy and attested Ex.P-3 inquest panchanama. 9. P.W.6 Dr. V.Lakshmi Narayana Reddy, Civil Assistant Surgeon, Government Hospital, Jammalamadugu has stated in his evidence that on 05-12-1999 at about 9.30 a.m., he conducted post- mortem examination over the body of deceased Bala Gangi Reddy on the requisition of the Circle Inspector of Police, Kondapuram and found the following injuries: (1) A chap injury 6” x 3/4” x 2” in size extending from the middle of right cheek to lower part of right parietal bone. Cutting of ear present. Fracture of bone appearing at the site of injury. Brain appearing from the fracture site. (2) A chap injury 6” x ¾” 2” in size extending from the middle of right cheek to lower part of right parietal bone present 1” above the injury No.1. Cutting of ear present. Fracture of bone appearing at the site of injury. Brain appearing from the fracture site. (3) Crush laceration of right hand up to wrist joint. Muscles are hanging. Bone of hand are fractured into small pieces. Radius and ulnar bones of fore arm are appearing at the wrist joint. Blackish discoloration present at the site of injury. (4) An abrasion 4” x 1” present on the front of right upper arm. (5) An abrasion 2” x 1” present 1” above the injury No.4. (6) An abrasion 2” x ¼” present ½” below the injury No.4. (7) An abrasion 3½” x ¼” present 1” below the injury No.6. (8) An abrasion 2½” x ¼” present on the back of middle of right upper arm. (9) A lacerated stab injury 1” x 1” x 1” present 4” above left elbow joint on the back of right upper arm. (10) Multiple small punctured injuries with dried blood clot scattered on the front of left fore arm. (11) A crushed lacerated injury 13” x 6” x 6” present on the outer side of right thigh, just above knee joint. Skin and muscles are not present at the site of injury. Bone is appearing at the site of injury. Blackish discoloration present at the site of injury. (12) A lacerated stab injury 1” x ½” x 1” present on upper part of right scapula. (13) A lacerated stab injury ½” x ¼” x 1” present 1” lateral to the injury No.12. (14) A lacerated stab injury 1½” x ½” x ½” present just below middle of right buttock. (15) A lacerated stab injury 1½” x ½” x ½” present above the middle of right buttock. (16) An abrasion 4” x ¼” present on the middle of right loin. (17) Four abrasions 3” x ½” present on right posterior axillary fold. (18) Eight small punctured injuries with dried blood clots scattered below right axilla. 10. On internal examination, he found the following injuries: (1) Blood clots present under the skin at the site of injuries. (2) A depressed fracture of right maxillary, temporal and mastroid bones present. Laceration of meninges and brain present at the site of fractured. Blood clots present on the brain at the site of injury. (3) No fracture of ribs and sternum. Lungs are normal in size and shape. Cut section is normal. (4) Stomach is empty. Intestines are distended with gas. (5) Bladder is empty. Rectum contains faecal matter. (6) Testes are normal and not found any injury. (7) Liver, spleen and kidneys are normal in size and shape, cut section is normal. 11. He further stated that he was of the opinion that the deceased Bala Gangi Reddy appeared to have died of cardiac arrest due to shock from fracture of skull bones and laceration of meninges and brain. He also stated that the injuries 1 and 2 are possible with sharp edged weapon like hunting sickle. Injury No.3 may possible due to explosion of bomb. Injuries 9 and 12 to 15 are possible with tip of a hunting sickle. Injuries 10 and 18 are possible with splinters with explosion of bombs and injury No.11 is possible due to direct hit of a bomb and explosion. Ex.P-4 is the post-mortem certificate issued by him. 12. P.W.9 the then Inspector of Police, Kondapuram Police Station has stated in his evidence that on 04-12-1999 at about 9 a.m., when he was at the Circle office, he received intimation about the murder reported at Kodigandlapalli village and he instructed the Sub Inspector of Police to take a complaint from the concerned and send the same to Muddanur Police Station for registering the cases. At about 3.30 p.m., he received a report from P.W.1 Y.Ganga Bhavani. Thereafter, he collected panchayatdars and conducted inquest over the body of the deceased Bala Gangi Reddy from 4 p.m., to 6 p.m., and found injuries due to explosion of bombs. He also prepared a rough sketch of the scene of offence and examined the witnesses. After that, he sent the body of the deceased Bala Gangi Reddy to the Government Hospital, Jammalamadugu for conducting autopsy over the body of the deceased. 13. Thus, by the evidence of P.Ws.4, 5, 6 and 9 the prosecution could able to establish that the death of the deceased Bala Gangi Reddy was homicidal. 14. The next point for consideration is, whether the accused are liable for causing the death of the deceased Bala Gangi Reddy ? 15. According to the prosecution, there were factions in Kodigandlapalli village. The accused were the supporters of Telugu Desam Party. The deceased Bala Gangi Reddy and his brother Ramachandra Reddy, who was also murdered on the same day, belonged to Congress-I Party. Therefore, the accused were waiting for an opportunity to kill the deceased Bala Gangi Reddy and his brother Ramachandra Reddy. On 04-12-1999 at about 7.30 a.m., when the deceased Bala Gangi Reddy and his brother Ramachandra Reddy along with their family members P.Ws.1 to 3 and others were attending agricultural works at their fields, the accused came there running by whistling war cries and hurling bombs and when the deceased Bala Gangi Reddy ran towards the railway gate, the accused attacked the deceased with bombs and hunting sickles and killed him and this was witnessed by P.Ws.1 to 3, who also ran along with the deceased Bala Gangi Reddy due to fear of the accused. 16. According to the prosecution, the accused came to the fields of the deceased Bala Gangi Reddy by running with bombs and hunting sickles when the deceased Bala Gangi Reddy and his brother Ramachandra Reddy, who was also killed on the same day, along with P.Ws.1 to 3 were attending the agricultural operations. The prosecution, therefore, examined P.Ws.1 to 3, who are the eyewitnesses to the incident. Out of them, P.W.1 is the daughter of the deceased Bala Gangi Reddy, P.W.2 is the son of Ramachandra Reddy, brother of the deceased Bala Gangi Reddy and P.W.3 is the wife of the deceased Bala Gangi Reddy. 17. In the evidence, P.W.1 has stated that the deceased Bala Gangi Reddy was her father. On the date of incident, herself, her deceased father Bala Gangi Reddy, her junior paternal uncle Ramachandra Reddy, her junior paternal aunt Ramadevi, Gangadhara Reddy and Eswara Reddy went to their fields and when they were attending work in the fields, they heard weeping cries from the field of Rayapati Narayana Reddy and they found the dead body of Rayapati Narayana Reddy, who died due to electrocution. All of them stayed there for some time and returned back to their fields and were continuing their agricultural work. Then, accused 1 to 5, 7 and 8 chased her father. When her father ran towards the railway bridge, herself and her mother also followed him. After her father crossed the railway bridge, the accused hurled bombs on her father. When Ramakrishna Reddy came from their house by weeping towards them, they heard the sound of explosion of bombs. Her father came from the metal road to tar road escaping from the bombs. When accused No.4 stated “champandira”, accused No.5 hurled a bomb, which hit the leg of her father and exploded. Accused No.6 then hurled another bomb, which hit the right foot her father. When her father fell on the ground, accused 1 and 2 hacked her father with hunting sickles on his head. Then, accused No.3 tried to take a gold ring from the ring finger of her father. When the ring did not come out, he cut the finger up to the palm and taken away the ring with fingers. Accused 1 and 2 hacked her father on the head, on the back of right and left shoulders and on the back of her father with hunting sickles. Accused 9 to 17 and 19 to 21 also came from the village by hurling bombs. Accused No.11 hurled a bomb on the cut hand of her deceased father. Even after her father died, the accused threatened her, her mother and Ramakrishna Reddy by hurling a bomb. Then, all of them ran towards Korrapadu road and they came back to the place of incident only after 1 or 2 hours thereafter. By then, the Police were present at the scene of offence. 18. She further stated in her evidence that due to political rivalry existing in the village for the last 10 years, the entire village was burnt and 6 persons were killed. Her father belonged to Congress Party. Her father was a respectable person in the village. Her father disclosed that the accused hatched a plan to kill him and wept. The accused belong to Telugu Desam Party and killed her father. She also stated that Ex.P-1 is the complaint. 19. In the cross-examination, P.W.1 has stated that accused 1 to 5, 7 and 8 are accused in S.C.No.374 of 2000 relating to the murder case of Ramachandra Reddy, her junior paternal uncle. She further stated that when an attack on her father was going on, at the same time there was an attack on her junior paternal uncle Ramachandra Reddy. She further stated that she lodged Ex.P-1 complaint at about 12 noon. She met the Police prior to 12 noon but the Police did not take her oral complaint in spite of her request. She further stated that she met Eswara Reddy at about 2 or 2.30 p.m., and she has not enquired him whether he lodged a complaint or not. She also stated that after the incident she ran into the bushes along with her mother and Ramakrishna Reddy and returned to their house at about 10 or 10.30 a.m. By then the Police arrived at the scene of offence. She denied the suggestion that after consulting their leaders and thinking over whom has to be implicated, at 3 p.m., Ex.P-1 was lodged by implicating the accused. She also stated that they plucked up about 50 kgs., of tomatoes in the early hours on the date of incident. She further denied the suggestion that her father was holding a bomb in his right hand palm and the same was exploded when he tried to hurl and sustained injury to his right palm. She also stated that she got mentioned in Ex.P-1 that the accused threatened her, her mother and Ramakrishna Reddy by hurling a bomb. She also stated that she approached the Inspector of Police, Kondapuram and requested him to take a complaint but he refused. 20. P.W.2 Y.Ramakrishna Reddy is a child witness. Therefore, the learned Sessions Judge put some questions before recording his evidence and after satisfying that the witness is capable to understand the questions and able to answer, he recorded the statement of P.W.2. P.W.2 is the son of Ramachandra Reddy, who is the brother of the deceased Bala Gangi Reddy. In the evidence, P.W.2 stated that the deceased is his senior paternal uncle, who was killed about 3 or 4 years back. He further stated that on 04-12-1999 at about 6 a.m., his father Ramachandra Reddy, mother Ganga Bhavani, sister Ramadevi, senior paternal uncle Bala Gangi Reddy, senior paternal aunt Narayanamma (P.W.3), elder sister Ganga Bhavani (P.W.1), junior paternala uncle Eswara Reddy and Gangadhara Reddy, son of Vema Reddy went to the fields and he was at his house. Accused 1 to 3, 5, 8 and 14 and some others went to their field. After some time he heard explosion of bombs. After hearing explosion of bombs, he went to Mangapatnam Railway Gate from his house. P.W.1 Ganga Bhavani and P.W.3 Narayanamma also came to the railway gate. Accused 1 to 3, 5, 7, 8 and 14 were found chasing the deceased Bala Gangi Reddy. Bala Gangi Reddy came from the road of Korrapadu to tar road and was running on the tar road. When accused No.4 stated “champandira”, accused No.5 hurled a bomb on the deceased Bala Gangi Reddy and the same hit the leg of the deceased. Accused No.6 hurled another bomb which hit the leg of Bala Gangi Reddy, due to which the deceased fell on the ground. Accused No.1 hacked on the head of Bala Gangi Reddy with a sickle. Accused No.2 also hacked the deceased Bala Gangi Reddy on the head with a hunting sickle. Accused No.3 tried to remove gold ring of Bala Gangi Reddy but it did not come out. Then he cut off the fingers with a sickle. The remaining accused came from the village by hurling bombs. He also stated that accused No.11 hurled a bomb which hit the right palm of Bala Gangi Reddy. Due to fear of bombs, they ran away to Korrapadu. The people of Korrapadu were found coming to the scene. He accompanied them. By the time he returned back to the scene of offence at 10.30 a.m., the Police came there. The villagers could inform them that his father also was killed. He also observed the dead body of his father Ramachandra Reddy. 21. In the cross-examination, P.W.2 denied the suggestion that on the date of incident he went to the school and he did not witness the incident. 22. P.W.3 Y.Narayanamma, wife of the deceased Bala Gangi Reddy, who also witnessed the incident, has stated in her evidence that about 2½ years back herself, her deceased husband Bala Gangi Reddy, Ramachandra Reddy, brother of the deceased Bala Gangi Reddy, Eswara Reddy, her sister Ganga Bhavani, her daughter Ramadevi and P.W.1 Ganga Bhavani went to their fields for agricultural operations. The son of her senior brother-in-law also accompanied them and they were attending agricultural works in their fields in the early hours and heard weeping cries from the field of Narayana Reddy. All of them went there to find out as to why they were weeping. They came to know that Narayana Reddy died due to electrocution at his fields. They stayed there for 10 minutes and returned back to their fields and were attending to their work. After one hour, accused 1 to 8 came from the village armed with bombs and hunting sickles suspecting that the deceased Bala Gangi Reddy and other family members were responsible for the death of Narayana Reddy. They chased her husband and when herself and her daughter P.W.1 also followed her husband towards railway track. The accused hurled bombs on her husband and chased him beyond railway gate. They heard explosion of bombs from the place of her junior brother-in-law Ramachandra Reddy. Then, they all reached the railway gate. P.W.2 Ramakrishna Reddy came there in opposite direction. Then, accused 4 and 5 hurled bombs. The bomb hurled by accused No.5 hit the thigh of her husband. Accused No.6 also hurled another bomb, which hit the right ankle of her husband and exploded. Accused No.1 hacked her husband on his head with a hunting sickle. His father accused No.2 also hacked on the head of her husband with a hunting sickle. Accused No.3 then tried to remove a gold ring from the finger of her husband but it did not come out. Then he cut off the fingers and took them away. Accused 9 to 11 hurled bombs on her husband. Accused 12 to 14 also hurled bombs, which fell by the side of her husband. Accused 15, 16 and 18 to 20 also hurled bombs. They were exploded near her husband. After that, the accused threatened them. Then all of them hide themselves in the nearby bushes. At about 10 or 11 a.m., they returned back to the scene of offence after arrival of the Police officials. Police examined her and recorded her statement and told them that their people