Chinnam Kameswara Rao & Ors vs State Of A.P

2. Briefly stated the prosecution case is that on 27th April, 2003, at around 7.00 p.m., the appellants along with one Papisetti Praveen who was arrayed as accused no.4 stopped the deceased-Bezawada Srinivasa Rao and PW.1-Alapati Seshadri while the latter were on their way home at Bethavolu Park Centre - the place of occurrence. An altercation between the accused persons on the one hand and the deceased and PW-1 on the other had according to the prosecution taken place on the previous day i.e. on 26th April, 2003, while the deceased and PW.1 were bringing some palmyrah nuts from the fields. PW-3-Sonti Koteswara Rao, a shopkeeper who runs a pan shop in the vicinity, claimed to be a witness to that incident and had intervened and pacified the parties which passed off without any physical harm to either side except that according to the prosecution appellant no.1- Chinnam Kameswara Rao had threatened the deceased with dire consequences. With the above incident in the background on 27th April, 2003, the accused persons allegedly confronted the deceased and PW-1-Alapati Seshadri, armed with stout casuarina sticks except accused no.4 who was unarmed. An altercation followed between the two sides as a sequel to the incident of the previous day in the course whereof appellant no.1-Chinnam Kameswara Rao is alleged to have struck a blow on the head of the deceased. When PW-1- Alapati Seshadri intervened, the remaining two appellants came down upon him and gave stick blows on his head also. The injured, as also Alapati Seshadri-PW-1 fell to the ground, whereupon A-4 is alleged to have kicked and given fist blows to the deceased while A-1 to A-3 continued to indiscriminately hit both of them with their sticks which caused bleeding injuries to both the injured. Taking both of them as dead, the appellants are alleged to have run away from the spot towards the house of appellant no.1. Sonti Srinivasa Rao S/o Nageswara Rao (PW-2), Sonti Koteswara Rao (PW-

3), Sonti Srinivasa Rao, S/o Veeraiah (PW-4) and M.V. Gopala Krishna Murthy (PW-6) are alleged to have witnessed the incident. PW-2-Sonti Srinivasa Rao with the help of one P. Vasudeva Rao shifted both the injured to the Government Hospital, Gudivada for treatment who informed the Gudivada Town I Police Station about the arrival of the injured in the hospital whereupon PW-9-B. Jaya Raju, ASI, reached the hospital and recorded the statement of the deceased, marked Exhibit P-6. A case under Section 324 read with 34 IPC was on the basis of that statement registered and the injured shifted to the University General Hospital, Vijaywada for further treatment. Around 2.50 a.m. on 28th April, 2003, the deceased succumbed to his injuries in the hospital at Vijayawada whereupon the Investigating Officer altered the offence from Section 324 read with Section 34 IPC to Section 302 read with Section 34 IPC.

4. At the trial the prosecution examined as many as 13 witnesses including PWs.2, 3, 4 and 6, said to be eye witnesses to the incident. The accused did not lead any evidence in their defence. The trial Court all the same came to the conclusion that the prosecution had not been able to establish the charge framed against the accused persons and accordingly acquitted them.

5. Aggrieved by the judgment and order of the acquittal recorded by the trial Court the State filed Criminal Appeal No.1055 of 2007 before the High Court of Andhra Pradesh at Hyderabad which appeal was allowed in part reversing the acquittal of the appellants and convicting them for offences punishable under Section 302 read with Section 34 IPC and Section 324 read with Section 34 of the IPC. The acquittal of accused No.4 was, however, affirmed by the High Court. The appellants were consequently sentenced to undergo imprisonment for life apart from imprisonment for a period of three months under Section 324 IPC as already noticed above. The sentences were directed to run concurrently. The present appeal assails the correctness of the above judgment and order.

18. In the result this appeal fails and is hereby dismissed.