Case: Gorle S Naidu Vs. State Of Ap

2. These six appeals are interlinked are relate to a Division Bench judgment of the Andhra Pradesh High Court whereby the respondents were acquitted. Criminal Appeal Nos. 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.3. In all 39 persons faced trial on the accusations of being responsible for the death of aforesaid two persons. It is to be noted 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 Bodinadu, Buri Papudu (A-34 to A-39 respectively), Gorle Raminaidu (A-16) and Potnuru Raminaidu (A-22) were convicted 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/-. 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 convicted 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. Gorle Asirinaidu (A-1), Gorle Vasudevarao (A-2) and Gorle Mohanarao (A-8) were convicted for the offence punishable under Section 302 IPC and each was sentenced to undergo imprisonment for life. The sentences of imprisonment imposed on A-16 and A-22 were directed to run concurrently.4. Three appeals were filed before the Andhra Pradesh High Court, two by the convicted accused persons, and one by the State against acquittal of the accused persons as noteddeceased persons Kurmi Naidu and Meesala Jogulu were residents of Patharlapalle village. The deceased Kurmi Naidu was the second son of the first wife of Gorle Suryanarayana Naidu (PW-4). Kurmi Naidu was a student of Bachelor of Engineering at the relevant time. There was a fire accident in their village i.e. Patharlapalle wherein more than four hundred houses were burnt. The Government and the insurance company sanctioned Rs. 500/- and Rs. 1,000/- respectively to owner of the each of the houses which was 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. The persons, who did not pay the amount so demanded came and complained to PW-4. On that score a group rivalry started. One group was headed by A-29 and the other group by PW-4. In the year 1989, G. Ramarao (A-5) started Indira Priyadarsini Yuvajana Sangam. The said Sangam started collecting Rs. 50/- from each of the members. Whenever any village refused to join the Sangam, the members of that Sangam used to damage their agricultural implements like carts etc., and also the crops. The said Sangam entertained a grouse against PW-4 thinking that he was causing obstruction to their activities. 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. As there was no safety in the village, and threat to his life, PW-4 started living in the house which is situated in his land at Nakkalacheruvu. Three months prior to the present incident the deceased Kurmi Naidu came down to Patharlapalle from Madras. 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. 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. This led to further grouse against PW-4 as he was considered responsible for such seizure of the household supply cards. Thereafter, all the accused decided to do away the life of PW-4. Gorle Ramarao (A-5) is the President of Yuvajana Sangam. Some of the accused and other villagers are members of the Sangam. On 23.12.1990 PW-5 accompanied the deceased to Visakhapatnam. On return from Visakkhapatnam, at Ranasthalam one Komati Satyam informed the deceased and PW-5 that Har 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. Due to fear of the Sangam headed by A-5 some persons joined in that Sangam, A-5 asked the members to commit thefts of coconuts or carts. Some amounts were collected in the name of Yuvajana Sangam and spent away by A-5 for consumption of alcohol. 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-15.6. 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). One day prior to death of deceased, when PW-9 went to the bank at 12 noon, 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. 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. He heard telling A-29 to other accused that the deceased Kurmi Naidu and his father were coming in their way and therefore they have to be killed. He found liquor bottles with glasses. On the next day PW-10 informed PW-4 all that he had heard. But PW-4 did not heed to his words. 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.7. On the date of occurrence i.e. 10.4.1991 at about 9 p.m. PW-1 left for Srikakulam, where he collected some amount from S.M. Pyarijan (PW-17) and after purchasing a dhoti he came to Kasta Junction. At that time both the deceased (Kurmi Naidu and Jogulu) were coming on a motorcycle. When PW-1 made a request to them for a lift, they agreed and all three were proceeding towards Patharlapalle village on the motorcycle. Similarly, vs. 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 D. Anakamma (PW-3) after collecting cashew nuts and mangoes was on way to her house at Patharlapalle in the afternoon. 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. Thereafter, the motorcycle proceeded further to a distance to 50 yards and at that place there is a culvert. At that time A-4, A-12 and A-25 placed a cart across the road. Therefore, the deceased persons and PW-1 stopped the motorcycle. A-5 and A-6 beat deceased (Kurmi Naidu) with stout sticks on the head. When the deceased (Jogulu) questioned 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. Thereafter A-4, A-7, A-9, A-10, A-11, A-13, A-26 beat deceased Kurmi Naidu indiscriminately. When deceased Kurmi Naidu fell down, A-3 pocked on his throat with a spear. Then A-1, A-4, A-7 and A-9 tied the deceased Kurmi Naidu with a rope and carried him towards eastern side, A-23, A-24, A-27 and A-28 tied deceased Jogulu with a rope and also carried him towards eastern side. When some of the accused were saying that PW-1 should not be allowed to live and thought of throwing him into a well, he ran towards eastern side. But fell down at Lankalacheruvu tank bund. Then some of the accused beat him and tied him in the cattle shed. At about 7 p.m., some of the accused came there and untied him and threatened him that he should not reveal the incident to anybody and if he revealed the same, he would be killed. Thereafter PW-1 went to his house and informed about the incident to his elder brother Silla Arjuna.8. The Sub-Inspector of Police, Jagannadharajapuram N. Rama Rao (PW-24) received a phone message about the kidnapping of Kurmi Naidu on 10.4.1991at 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. At about 9 p.m., the Inspector of Police namely, Kamalanadha Rao came to Pathalapalle. Then they received a vague information that PW-1 who is resident of Sillapeta had sustained injuries. 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. Then the Sub-Inspector went to the police station and registered a case. He sent the original first information report to the Court. When the Inspector of Police tried to send PW-1 to the hospital, he refused. Then PW-25 examined PW-1 and recorded his statement and seized M.Os. 6 to 8 in the presence of mediators under mediators report. Then the Inspector of Police, the Sub-Inspector and other police personnel formed a special party and combed the area in search of the dead bodies of the deceased in the nearby thrashing floors. On 11.4.1991, early morning at about 5.45 a.m. they noticed two dead bodies in the mango grove of A-25, and the motorcycle was also found nearby. Thereafter they noticed the place of occurrence which is at a distance of about one furlong from the place where two dead bodies were found.9. On the basis of information lodged, investigation was done and on completion thereof charge sheet was filed for the alleged commission 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. During trial, Gorle Lottayyagari Satyam (A-31) died and case against Muntha Pentadu @ Barrodu (A-33) was separated as he had absconded. PW-4 who is the father of deceased Kurmi Naidu was stated to be the intended target. Reliance was placed by the trial Court on the evidence of PWs 1, 2 and 3 to conclude that accusations against some have been established, though against others it was not credible and therefore benefit of doubt was extended to them. The High Court by the impugned judgment found that the prosecution version was full of holes, did not appear credible and the so-called eyewitnesses evidence does not inspire confidence. The evidence of PW-1 was held to be unreliable, as the same appeared to be the outcome of careful planning and deliberation. Though he claimed to have sustained several serious injuries, he did not go to the hospital for treatment for nearly three days. He did not indicate the names of all the assailants who allegedly had beaten him. 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. Though he knew the names of the accused persons prior to giving the information, he did not name them specifically. There was delay in lodging the report and no explanation was offered for it. There was also considerable delay in sending the FIR to the Court. There was no reason as to why PW-3 did not 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. It was noticed 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 could have done so in the village instead of going to the mango grove of A-29 and waiting for coming of deceased Kurmi Naidu and then attack him without any motive for doing so. Neither of the deceased was their target, and they did not have any motive for killing them. 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. The trial Court was of the view that entire evidence was not to be discarded, and even taking note of the improvements, discrepancies, the evidence was sufficient for conviction of some of the accused persons. Accordingly, as noted earlier, some of the accused were convicted and others were acquitted. Judgment of the trial Court was assailed by the convicted accused questioning their conviction and by State challenging the acquittals. By a common judgment, three appeals (two by the accused and one by the State) were disposed of. the High Court noticed that there was considerable delay in lodging the complaint, recording statement of the witnesses and there was no cogent material for statements. The correct yardstick to the applied for evaluation of evidence was not done by the trial Court and vague conclusions were arrived at. The trial Court failed to notice that the prosecution tried to improve its case from stage of stage and from one witness to another. That being so, the prosecution version collapsed on account of incredibility in it. Consequentially, the High Court felt that the accused persons were entitled to acquittal and accordingly directed. The States appeal was consequentially dismissed.

Reasoning:
There is no embargo on the appellate Court reviewing the evidence upon which an order of acquittal is based. Generally, the order of acquittal shall not be interfered with because the presumption of innocence of the accused is further strengthened by acquittal. The golden thread which runs through the web of administration of justice in criminal cases is that if two views are possible on the evidence adduced in the case, one pointing to the guilt of the accused and the other to his innocence, the view which is favourable to the accused should be adopted. The paramount consideration of the Court is to ensure that miscarriage of justice is prevented. A miscarriage of justice which may arise from acquittal of the guilty is no less than from the conviction of an innocent. In a case where admissible evidence is ignored, a duty is cast upon the appellate Court to re-appreciate the evidence where the accused has been acquitted, for the purpose of ascertaining as to whether any of the accused really committed any offence or not. (See Bhagwan Singh and others vs. State of Madhya Pradesh (2002 (2) Supreme Court 567). The principle to be followed by appellate Court considering the appeal against the judgment of acquittal is to interfere only when there are compelling and substantial reasons for doing so. If the impugned judgment is clearly unreasonable and relevant and convincing materials have been unjustifiably eliminated in the process, it is a compelling reason for interference.