Gangabhavani vs Rayapati Venkat Reddy & Ors

1. Both these appeals have been preferred against the impugned judgment and order of the High Court of Andhra Pradesh at Hyderabad dated 13.2.2007 passed in Criminal Appeal No. 41 of 2005, reversing the judgment and order dated 22.12.2004 passed by the Additional Sessions Judge, Kadapa at Proddatur in Sessions Case No. 374 of 2000, by which and whereunder the respondents were found guilty and convicted under Section 148 of Indian Penal Code, 1860 (hereinafter referred as `the IPC’) and awarded a sentence of 2 years each. A1 and A2 had been convicted for the offence punishable under Section 302 IPC and they were awarded life imprisonment with a fine of Rs.500/- and in default, to undergo further simple imprisonment for one month. They were also convicted under the provisions of Section 3 of the Explosive Substances Act, 1908 (hereinafter referred to as the ‘Act 1908’) and had been awarded the sentence of 3 years with a fine of Rs.500/- and Rs.200/- respectively and, in default, to further undergo simple imprisonment for one month and 15 days respectively. They had further been convicted under Section 5 of the Act 1908, and were awarded the punishment of three years with a fine of Rs.500/- each, in default to suffer simple imprisonment for one month. A3 to A6 had been convicted and sentenced to undergo life imprisonment and to pay a fine of Rs.500/- each under Section 302 read with Section 149 IPC and, in default of payment of fine, to undergo a further period of simple imprisonment of one month each. However, A3 was acquitted for the offence under Section 6 of the Act 1908. A4 and A5 were further convicted under Sections 3 and 5 of the Act 1908 and awarded the punishment of 3 years on each count with a fine of Rs.500/- and, in default, to undergo a further period of imprisonment for one month. However, all the sentences were directed to run concurrently.

2. Facts and circumstances giving rise to these appeals are that:

D. PW.1 to PW.3 witnessed the same, however, failed to give a report immediately to the police due to fear of their lives. Y. Eswara Reddy (PW.1) preferred a complaint to the police, thus, Case Crime No. 137 of 1999 of Muddanur PS was registered. S.V. Ramana, C.I. (PW.9) began investigation, and conducted the inquest over the dead body of the deceased in presence of R. Pedda Naidu (PW.4) and M. Pratap Naidu (PW.7). He also seized blood stained tar, control tar, bomb blast thread pieces and the cycle of the deceased. Further, the Dhoti, Banian and waist thread of the deceased were also seized. Chappals of A5 which had been lying there were recovered in the presence of M. Pedda Aswartha Reddy (PW.5). The dead body of Y. Ramachandra Reddy (deceased) was sent for post-mortem which was conducted by Dr. Y. Karunasree (PW.6) wherein it was opined that he died of shock due to a fracture of the skull bones and lacerations to brain matter. The materials collected were sent for forensic analysis and it was found that the bombs contained Potassium, Chlorate Chloride, Arsenic, Sulphide and Sulphate etc. E. After concluding the investigation, a chargesheet was filed against A1 to A13. During the trial, the prosecution examined 14 witnesses. The accused in their statement under Section 313 of Code of Criminal Procedure, 1973, (hereinafter referred to as the ‘Cr.P.C.’) denied their involvement and submitted that they had been falsely implicated because of political enmity. The defence also examined one Penugonda Sreenivasulu (DW.1), who claimed to have prepared the site plan (Ex.X-1) but not on the basis of scale measurement.

F. On the basis of the evidence etc., the trial court found A1 to A6 guilty of the aforesaid offences and awarded them sentences as referred to hereinabove, however, A7 to A13 were acquitted. G. Aggrieved, A1 to A6 filed Criminal Appeal No. 41 of 2005 which has been allowed by the High Court.

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33. There could be no reason for the eye-witnesses i.e. PWs 1 to 3, who had lost two of their family members, to falsely implicate the respondents and spare the real assailants.

34. In view of the above, the findings recorded by the High Court are liable to be set aside being perverse. The appeals succeed and are allowed. The judgment and order of the High Court dated 13.2.2007 passed in Crl.Appeal No. 41 of 2005 is set aside, and judgment and order of the trial court dated 22.12.2004 passed in Sessions Case No. 374/2000 is restored. The respondents are directed to surrender within a period of 4 weeks from today to serve out the remaining sentence, failing which the learned Additional Sessions Judge, Kadapa, is requested to take them into custody and send them to jail to serve their left over sentences. A copy of this judgment be sent to the said court for information and compliance.