J. Ramulu vs State Of Andhra Pradesh [Alongwith ...

3. In all, nine accused persons were tried by the II Additional Metropolitan Sessions Judge, Hyderabad, in Sessions Case No. 352 of 2001 for the offences under Section 302, IPC, and Section 302, IPC, read with Section 34 of IPC and Section 109 of IPC. A-l and A-2 were found guilty of the murder of G. Janardhan, while other seven accused were acquitted of the charges.

4. Briefly stated, the case of the prosecution against A-1, A-2 and other accused persons is that G. Janardhan was resident of Anandnagar Colony, Malakpet. A-1 is resident of R.K. Puram, whereas A-2 and A-7 are residents of Dilshuknagar and A-3 and A-6 are residents of Chaitanyapuri. A-4 is resident of Vanaparthy, Mahaboobnagar District, A-5 is resident of Kothakota, Mahaboobnagar District, and A-8 & A-9 are residents of Jadcherla, Mahaboobnagar District. A-1, A-2 and G. Janardhan were partners in Manjunadha Rice Mill and they had some disputes between themselves and other partners regarding the mill transactions. G. Janardhan filed O.S. No. 92 of 1999 on the file of the I Additional Senior Civil Judge, Ranga Reddy, against A-l and A-2 for dissolution of the partnership of the mill. Second suit O.S. No. 579 of 1994 on the file of. the II Additional Senior Civil Judge, Ranga Reddy, is also pending between the parties. G. Janardhan also filed C.C. No. 114 of 1998 on the file of the Additional Judicial First Class Magistrate,. Hyderabad, inter alia alleging that the accused persons cheated him in the transactions of the rice mill.

5. On 08.07.2000 at about 4.00 P.M., G. Janardhan along with his eldest paternal uncle G. Satyanarayana went to Ramkrishna Muth and after completing of their prayers, they came back to their residence by city bus. After getting down from the bus, G. Satyanarayana went to his house, while G. Janardhan proceeded to go to his house. A-1 and A-2 stated to have come from the rice mill road on a Scooter. A-1 was pillion rider, he sprinkled acid on the face of G. Janardhan with a "Mug. G. Jandardhan shouted for help which attracted the attention of G. Raju, son (PW-1), Jamuna Rani, daughter (PW-2), G. Savithri, wife of G. Janardhan (PW-3), who were sitting in the verandah of their house. They immediately came to the spot and took G. Janardhan to Yashoda Hospital for medical treatment. G. Janardhan received burn injuries on his face, chest and neck. PW-1 went to the Police Station Chaderghat, Hyderabad and handed over complaint (Ex.P1) to Shri B. Sivaranireddy (PW-9), who, at the relevant time, was Sub-Inspector of the Police Station, Chaderghat. On the basis of the said complaint, FIR (Ex.P26) was registered under Section 307 read with Section 34 of IPC. G. Guravaiah (PW-13), Sub-Inspector of Police took up investigation of the crime at 10.20 P.M. on the same day. He went to Yashoda Hospital, Malakpet, where injured G. Janardhan was admitted in emergency ward. He recorded the statements of PWs-1, 2, 3 and G. Anuradha (PW-4) wife of PW-1 and daughter-in-law of injured G. Janardhan. On the next day, i.e. 09.07.2000, at about 7.00 A.M., the Investigating Officer recovered burnt leaves of small plants and acid-mixed earth and control earth from the place of occurrence. He again went to Yashoda Hospital where the injured G. Janardhan gave his statement by gestures and writing on small chits to him. The statement of injured G. Janardhan was recorded after obtaining permission from the Doctor. On the same day at about 8.00 P.M., the Investigating Officer apprehended A-1 and A-2 on the road in front of the house of A-1. He recorded the disclosure statement of A-l which is marked as Ex.P24 and on the basis of the said statement, Scooter bearing No. AP 28 L 2745 was recovered and one green colour mug was taken into possession, from inside the ducky of the Scooter. On requisition Ex.P27 sent by the Inspector of Police, B. Gyaneshwar Rao (PW-11) XIV Metropolitan Magistrate, Hyderabad, at midnight of 11/12.07.2000, went to Yashoda Hospital and recorded statement made by G. Janardhan to him by gestures and signs as the injured was unable to see and talk due to burn injuries. On 25.07.2000, P. William Caruy (PW-12) received information in regard to the death of injured G. Janardhan at about 12.30 A.M. He converted the offence in the FIR from Section 307 of IPC to Section 302 of IPC. After receipt of the dead body and completion of the investigation, charge-sheet was filed against the above-said nine accused persons.

7. Being aggrieved against the Judgment and Order of the learned Trial Judge, A-l and A-2 filed appeal under Section 374(2) of the Cr.P.C. before the High Court. The High Court dismissed their appeal and confirmed their sentence. Hence, A-l and A-2 have filed these appeals by special leave.

16. In our view, A-l and A-2 are entitled to benefit of doubt. In the result, we allow the appeals and set aside the judgments of the High Court and the Trial Court. A-1 and A-2 are acquitted of the charges against them.

G. Venkatesh and J. Ramulu shall be set at liberty forthwith, unless required to be detained in connection with any other case.