Padal Venkata Rama Reddy @ Ramu vs Kovvuri Satyanarayana Reddy & Ors

(b) In the year 2006, the appellant contested Zila Parishad Territorial Constituency Elections as an independent candidate and won it. A-1 and A-2 developed grudge against the appellant and they contracted Valmiki Gujjula Ramayya Kondayya (A-4) who belongs to Emmiganur Mandal of Kurnool District for killing the appellant and gave him Rs. 7,00,000/-

to purchase a vehicle and also gave separate amount for hiring goondas. A-4 hired A-5 to A-12 for the said purpose and they 2 conspired together and hatched a plan to assault the appellant. Further, A-3 was entrusted with the responsibility of giving information about the movements of the appellant.

2 where A-4 and A-12 broke the windowpanes of the car while A-5 sprinkled chilly powder into the eyes of the appellant and attacked him with rods and sticks and caused injuries on his vital parts of the body which resulted in bleeding. Thereafter, A-4 to A-12 left the spot. Somehow the appellant managed to escape from the place of incident and went to the house of Jakkampudi Raja Indra Vandir (L.W.-6), who admitted him in the hospital and informed the incident to the SHO, I Town (L&O), Police Station, Rajahmundry.

19) In the light of the above principles, let us consider whether there are sufficient materials available in the prosecution case, particularly, in the FIR, chargesheet and statement of witnesses insofar as respondents herein are 15 concerned. No doubt, in the FIR, the complainant has not named these respondents as accused. In Column No. 5 of the FIR under heading "Alleged cause", it is stated that "Alleged to have been sustained injuries on the head, face due to assault by unknown persons near J.K. Kalyana Mandapam, Rajahmundry today (07.11.2007) around 7:00 p.m." Though the complainant has not specified any name, he had asserted that while taking a turn from J.N. Road to J.K. Gardens, some unknown persons kept their maroon color Scorpio car came across his way at around 7:30 p.m. and about 10 persons got down from it, while 5 others from auto armed with iron rods and sticks and they hit the glass on his side to stop him while he was driving the car. It was also asserted that when he put down the door glasses, those persons sprinkled chilly powder on them. After narrating further details, at the end, the complainant has concluded that those persons conspired together and attacked with an intention to kill him in a planned manner. It was further stated that they all appeared to be goondas and if his wife, children and he himself will see them again, it would be possible to identify them. If we read 16 all the averments in the FIR, it cannot be claimed that the complainant has not highlighted the incident said to have been taken place on 07.11.2007 at around 7:00 p.m.

21) Now, let us consider whether the chargesheet and the statement of witnesses make out a prima facie case in the light of principles which we have adverted to in the earlier paragraphs. After furnishing all the details about the motive and circumstances, the investigating officer from the materials collected has concluded:

23) The statement of the appellant (L.W.-1) is also pertinent to note here. After narrating the entire incident, previous election dispute, enmity etc. the appellant has stated:

26) For the above reasons and in the light of the materials which we have discussed, we are unable to sustain the conclusion arrived at by the High Court. The impugned order quashing the criminal proceedings against the Respondent Nos. 1-3, i.e. A1-A3 in S.C. No. 175 of 2010 on the file of the Ist Additional Assistant Sessions Judge, Rajahmundry, arising out of P.R.C. No. 14 of 2008 on the 23 file of the IInd Additional Judicial Magistrate First Class, Rajahmundry is set aside. The trial Court is directed to proceed with the case against the respondents in accordance with law. The criminal appeal is allowed.

JULY 29, 2011.