Nallabothu Ramulu @ Setharamaiah & Ors vs State Of A.P

2. The appellants were charged and tried by the IInd Additional Sessions Judge, Guntur in Sessions Case No.967 of 1994 inter alia for offences under Sections 147, 148, 324, 307, 302 read with Section 149 of the IPC. Learned Sessions Judge by judgment dated 11/2/2000 acquitted all the accused. The State of Andhra Pradesh carried an appeal from the said order to the High Court of Andhra Pradesh. By the impugned judgment and order dated 24/07/2003, the High Court set aside the order of acquittal and convicted the appellants in Criminal Appeal No.1424 of 2003 viz. A1-Nallabothu, A3- Rayidi Brahmaiah, A4-Rayidi Purnaiah, A11-Nallabothu Sreenivasa Rao, A14- Rayidi Kotiah, A15-Rayidi Veera Mallaiah, A16-Mupalla Ramaiah, A21-Rayidi Lingiah, A23-Rayidi Sreenivasarao, A24-Duggineni Peraiah, A25-Mannem Hanumantha Rao, A27-Rayidi Ramarao and A29-Rayidi Venkateswarlu, under Section 302 of the Indian Penal Code (“the IPC”) and sentenced each one of them to undergo rigorous imprisonment for life. In addition, Accused No.3 and Accused No.4 were convicted under Section 324 of the IPC and sentenced to undergo rigorous imprisonment for three years each. Accused No.25 was convicted under Section 324 of the IPC and also under Section 324 read with Section 149 of the IPC and sentenced to undergo rigorous imprisonment for one year on each count. The appellants in Criminal Appeal No.15 of 2004 viz. A38-Chalamala Veeraiah and A39-Chalamala Subbarao were, however, convicted under Section 324 read with Section 149 of the IPC and sentenced to suffer rigorous imprisonment for one year each. The appellants in both the appeals were also convicted under Section 148 of the IPC and sentenced to undergo rigorous imprisonment for one year each. The substantive sentences were ordered to run concurrently. Being aggrieved by their conviction and sentence, the appellants have approached this Court. For the sake of convenience, we shall refer to the accused and the prosecution witnesses as per the numbers assigned to them by the trial court.

3. Tondepi village is a faction-ridden village within the limits of Muppala Police Station. There were two groups in the village, against whom, cases and counter-cases were pending. There were land disputes between A28-Rayidi Anjaiah and his father Rayidi Venkatappaiah. One group was supporting A28-Rayidi Anjaiah and the other group was supporting his father.

4. On 16/3/1993, at about 1.30 p.m., some of the accused abducted PW-19 V. Seshagiri Rao and tried to kill him. However, due to the timely intervention of the police, he was saved and admitted in the Government Hospital, Settenapalli. In this connection, the police registered a case being Crime No.5 of 1993 for offences punishable under Sections 147, 148, 323, 324, 364 and 307 read with Section 149 of the IPC against some of the accused in this case. As they were unsuccessful in their attempt to kill PW-19 V. Seshagiri Rao, they armed with iron rods, axes, spears, sticks and bombs waylaid in Dammalapadu Donka and formed themselves into an unlawful assembly with a common object of killing the persons belonging to Nallabothu Venkaiah group. After admitting PW-19 V. Seshagiri Rao, in the Hospital at Sattenapally, Challa Singaiah and Rachankonda Chanchiah and PW- 1 to PW-10 and some others were returning to their village in a tractor in the night intervening 16/3/1993 and 17/3/1993. The accused attacked Singaiah and Chanchiah and PWs-1 to 16 when they reached Dammalapadu Donka. Bombs were hurled. Singaiah succumbed to the injuries at the spot. PW-1 to PW-10 and Chanchiah, who sustained injuries, were admitted in the Government Hospital, Sattenapally. Chanchiah succumbed to the injuries on 17/3/1993 while he was undergoing treatment. The hospital authorities sent an intimation to the Additional Munsiff Magistrate, Sattenapally. Pursuant to the said information, the learned Magistrate went to the hospital and recorded the statement of PW-1 R. Venkata Rao, on the same day, in the presence of the Duty Medical Officer. On receipt of the statement of PW-1, the Sub Inspector of Police, Sattenapally, registered a case being Crime No.43 of 1993 for offences punishable under Sections 147, 148, 324, 307 and 302 read with Section 149 of the IPC and Sections 3 and 5 of the Explosive Substances Act and transferred the case to Muppala Police Station, within whose jurisdiction the incident occurred. On receipt of the copy of the FIR, Muppala Police re-registered it as Crime No.6 of 1993 of their police station. PW-29, the Circle Inspector, Muppala, conducted the investigation. After completion of investigation, the accused came to be charged as aforesaid. At the trial, the prosecution examined as many as 31 witnesses. The accused denied the prosecution case. As earlier stated, the trial court rejected the prosecution case, held that the prosecution has not proved its case beyond reasonable doubt and acquitted the accused. The High Court reversed the order of acquittal and convicted the accused as aforesaid. Hence, these appeals.

21. In the circumstances, the appeals are allowed. The impugned judgment and order is set aside. The appellants in both the appeals are acquitted of all the charges. They are on bail. Their bail bonds stand discharged.

April 22, 2014.