Putchalapalli Naresh Reddy vs State Of A.P. & Etc

2. The crime in question is the murder of Mudi Parandhami Reddy in an agricultural field on 25.11.96 in Mettu village in Andhra Pradesh. According to the prosecution, the deceased was a leader of the Congress party in the area. He was suspected by the Accused No. 1 Puchalapalli Parandhami Reddy, a leader of the Telugu Desam Party, as being responsible for the murder of his father on 25.3.92. Land disputes also existed between Rajagopal Reddy (L.W. 2), his brother Pelluru Murali Reddy (P.W. 3) on one side and A-19, Pelluru Venu Reddy about the division of survey No.

116. Litigation was pending between them in a Court. Therefore, Pelluru Murali Reddy (P.W. 3) and Rajagopal Reddy (L.W. 2) sought the mediation of the deceased Mudi Parandhami Reddy and it was decided that the deceased would mediate on 25.11.96.

3. On 24.11.96, Pelluru Murali Reddy (P.W. 3) and his brother Rajagopal engaged farm labour i.e. P.W. 1 (Vakati Ramanaiah), P.W. 2 (Rayapati Venkata Ramanaiah), P.W. 4 (Bandila Mutyhyalaiah) and P.W. 5 (Rayapati Kotaiah) for ploughing the land. On the next day, i.e. 25.11.1996 the deceased had come to the land and sat on a ridge in the field while the ploughing was going on by the labourers. Around 8.00 a.m., A-19, Pelluru Venu Reddy and A-20, Pelluru Sreedhar Reddy came there and asked that the ploughing be stopped because there was a dispute over the land. Mudi Parandhami intervened and said that the dispute will be resolved later and asked the ploughing to go on. At this the accused went away. Around 10 a.m. the accused party came back. The accused no.1 hacked Mudi Parandhami with a battle-axe on the head. After that A-2, Konduru Nagure Reddy came and when Pelluru Murali Reddy (P.W. 3) intervened, A-2, Konduru Nagure Reddy, hit him with the blunt edge of the chilla kathi. Then A-3, Konduru Dayakar Reddy, hacked Mudi Parandhami with an axe on his head. When Pelluru Murali Reddy (P.W. 3) intervened, A-3, Konduru Dayakar Reddy, hit him on the left hand. After this A-4, Konduru Ramachandra Reddy, came and stabbed Mudi Parandhami on his left shoulder. A-5, Putchalapalli Ramamohan Reddy, then stabbed mudi Parandhami on his chest. A-6, Putchalapalli Srinivasulu Reddy, then stabbed Mudi Parandhami with a spear on the left side of his back. Thereafter A-7, Putchalapalli Niranjan Reddy, stabbed Mudi Parandhami on his back. Then A-8, Avula Sudhakar, stabbed Mudi Parandhami on his left ear and his abdomen. Thereafter A-9, Putchalapalli Subrahmanyam Reddy, stabbed Mudi parandhami on the left side of the chest. A-10, Yellasiri Masthan, then hit Mudi Parandhami with a stick on the left temple. A-12, Chennur Venkataramana Reddy, gave a blow on the head to Mudi Parandhami. When Rajagopal Reddy Rajagopal Reddy (L.W. 2), intervened A- 12, Chennur Venkataramana Reddy hacked him on the head with the same battle axe and felled him. In the incident Mudi Parandhami Reddy died. P.W. 3 (Murali Reddy) L.W. 2 (P. Raja Gopal Reddy) and L.W. 3 (Pelluru Karunakar Reddy) were injured.

Blood stains and congestion present. Deeper to it the 3rd 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.

6. Since Rajagopal Reddy (L.W. 2) was injured and critical, his dying declaration was recorded on 26.11.1996 by the IInd Additional District Munsif, Tirupati.

(e) Accused 13 to 20 were found not guilty for the offences with which they were charged and the High Court confirmed the judgment of the trial Court acquitting those accused. Both the criminal appeal and the criminal revision were allowed in part and the judgment of the trial court was set aside.

Bleeding present with tenderness and swelling around.”

19. We have found that the injuries on the deceased are completely relatable to the injuries to the attack as deposed to by the prosecution witnesses.

29. In this case, however, we are not inclined to go into the issue since Rajagopal Reddy (L.W. 2), was not examined at all. No issue has been raised whether a witness could have corroborated or contradicted on the basis of the statement recorded by the IInd Additional Munsif, Tirupati.

30. Shri A.K. Sanghi, learned senior counsel appearing for A-2 - Konduru Nagure Reddy, submitted that this accused has been charged for the offences under Sections 147, 148 and 302 read with Section 149 of the IPC etc. He pointed out that the only overt act attributed to him by some of the prosecution witnesses is that because Pelluru Murali Reddy (P.W. 3) intervened during the attack, he beat the said PW 3 with the blunt axe of Chillakathi on his back side. This according to the learned counsel only resulted in a simple lacerated injury skin deep of about 1½” over the back head of Pelluru Murali Reddy (P.W. 3). The Medical Officer has opined that this injury is simple. In the circumstances, the conviction and sentence of A-2, Konduru Nagure Reddy, awarded by the trial court and affirmed by the High Court is liable to be modified. We hold A-2, Konduru Nagure Reddy, guilty only for the offence punishable under Section 324 read with Section 34 of the IPC. We, therefore, alter the conviction of A-2, Konduru Nagure Reddy, from Sections 147, 148 and 302 read with Section 149 of the IPC etc. to Section 324 read with Section 34 of the IPC. In our considered opinion, custody and sentence of 2 (two) years would be appropriate and sufficient. The accused-appellant shall undergo imprisonment for a term of 2 years, if not already undergone, in terms of this order.

31. In view of the above, we allow Criminal Appeal Nos. 1093-1094 of 2011, filed by A-2, Konduru Nagure Reddy, to the extent indicated above. Rest of the appeals are dismissed.

...........................………………..J. [ DR.

B.S. CHAUHAN ] ….....................………………………J. [ S.A. Bobde ] New Delhi, October18, 2013