Animireddy Venkata Ramana & Ors vs Public Prosecutor, H.C. Of A.P

The deceased, his two sons PWs 1 and 2 and PWs 5 to 7 were accused in Sessions Case No. 193 of 1998. A dispute between the two groups over some land came upto this Court. There were political differences also. Accused No. 1 allegedly supported Accused No. 3 in the Gram Panchayat elections wherein the deceased lost. Another incident took place in relation thereto. A case was filed against the deceased and others. It ended in acquittal. There was an incident of fire in the village. Some of the accused persons allegedly collected a huge amount promising the victims that they would construct houses for those whose houses stood gutted therein but the said promises were not kept.

Whereas others returned, the deceased and his son PW-1 stayed back. They came to the bus complex of Tuni at about 9.30 p.m. on 23.06.1998. They boarded the bus for going to their village. PW-5 also boarded the same bus. PWs 6 and 7 are said to have boarded the same bus from a bus stop known as Tandava Centre. Admittedly PW-3 Namala Chandra Rao and PW-4 Yandamuru Prasada Rao were the conductor and driver of the said bus.

While the bus reached Rapaka road junction at about 10.30 p.m., some passengers got down from the bus. When it started again, Accused No. 1 exhorted others to kill the deceased. Appellants herein as also Accused No. 10 (since deceased) inflicted a large number of injuries upon him. His body was dragged near the door of the bus. PW-1 was also assaulted. He was dragged by Accused Nos. 11 to 18 upto the door of the bus. The driver and the conductor as also other passengers fled away. Accused also thereafter left the place of incident. PW-1 cried for help. Hearing his cry, PWs 3 and 4 came back to the bus and on a request made by him, the bus was brought to the house of the deceased.

4. Before the learned Trial Judge a large number of witnesses were examined. Eye witnesses to the incident, however, were PWs 1, 5, 6 and 7. Their testimonies were not relied upon by the learned Trial Judge.

Placing reliance on the testimonies of PW-3 that no passenger boarded the bus from Tandava Centre, the statements of PWs 6 and 7 were disbelieved. As the learned Trial Judge disbelieved the testimonies of PWs 6 and 7 that they had boarded the bus from the said stop, the deposition of PW-5 was also not relied upon. Their testimonies were furthermore disbelieved on the premise that they did not satisfactorily explain as to why they had visited village Tuni on the fateful day. Comments were also made by the learned Trial Judge that no documentary evidence was produced before the Court to establish their presence particularly in view of the evidence of PW-4. The learned Trial Judge also placed importance on the dispute between the parties to arrive at a conclusion that they were interested witnesses.

5. The learned Sessions Judge also laid emphasis on the fact that immediately after the occurrence the officer incharge of the police station as also the officers of the Road Transport Corporation were informed, they came in a bus to the village at about 1 a.m. and examined the witnesses. The deceased and PW-1 were shifted to the hospital at Tuni. But the general diary on the basis whereof the said information was said to have been received by the investigating officer having not been produced, the First Information Report was held to be hit by Section 162 of the Code of Criminal Procedure (Code).

So far as the deposition of PW-1 who was an injured witness is concerned, the learned Sessions Judge disbelieved him inter alia holding:

6. On the aforementioned findings, a judgment of acquittal was recorded. The State preferred an appeal thereagainst which has been allowed in part by a Division Bench of the Andhra Pradesh High Court holding the appellants as also Accused No. 10 guilty of commission of murder of the deceased and acquitting Accused Nos. 11 to 24 of all charges.

14. PW17 P. Ramchandra Rao was the investigating officer at the first instance. PW-18 S. Surya Rao investigated the case after PW-17 was transferred. From their testimonies it appears that Accused Nos. 4, 7, 9, 15, 21 and 23 were arrested on 7.07.1998 in the morning from near about a place known as Narappa Tank situated near Tuni. Accused No. 12 was arrested on 14.07.1998 and Accused Nos. 14, 16, 18 and 20 were also arrested on the same day. An injury on the finger of Accused No. 5 was also noticed. He was sent to the government hospital for treatment. Accused Nos. 6, 8, 11, 10 and 24 were arrested in the house of Accused No. 11 on 16.07.1998 in the morning hours. They made confessions leading to recovery of facts which are admissible under Section 27 of the Indian Evidence Act. Some of them, viz., Accused Nos. 6, 8, 10 and 24 also produced blood stained clothes which had been put on by them.

In view of the fact that such an incident had taken place, indisputably it would immediately be known to the villagers. Those who hold some respectable position in the village and particularly those who are concerned with the administration of Panchayat were expected to be present.

39. We do not see any reason to take any exception to the said findings of the High Court.

43. Which matter, therefore, deserves interference at the hands of the appellate court would depend upon the fact situation of each case. Legal proposition must be applied having regard to the fact of each case.

44. For the reasons aforementioned, there is no merit in this appeal which is dismissed accordingly.