Andhra Pradesh High Court - Amravati
Therefore vs The State Of Punjab on 5 July, 2024
Author: K Suresh Reddy
Bench: K Suresh Reddy
1
KSR, J & BVLNC, J
Crl.A.No.1417 OF 2014 and Batch
APHC010725572014
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3474]
(Special Original Jurisdiction)
FRIDAY ,THE FIFTH DAY OF JULY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE K SURESH REDDY
THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI
CRIMINAL APPEAL NO: 1417/2014
Between:
Varam Padmakka ...APELLANT
AND
The State Of Andhra Pradesh ...RESPODENT
Counsel for the Appellant:
1. D KODANDARAMI REDDY
Counsel for the Respodent:
1. PUBLIC PROSECUTOR (AP)
CRIMINAL APPEAL NO: 46/2015
Between:
Yerukula Pedda Sunkanna and Others ...APELLANT(S)
AND
State Of Andhra Pradesh ...RESPODENT
Counsel for the Apellant(S):
2
KSR, J & BVLNC, J
Crl.A.No.1417 OF 2014 and Batch
1. CHALLA AJAY KUMAR
Counsel for the Respondent:
1. PUBLIC PROSECUTOR (AP)
CRIMINAL APPEAL NO: 79/2015
Between:
B.S. Hanumanna, S/o. B.Laalappa and Others ...APELLANT(S)
AND
State ...RESPODENT
Counsel for the Apellant(S):
1. SATYANARAYANA NIMMALA
Counsel for the Respodent:
1. PUBLIC PROSECUTOR (AP)
CRIMINAL APPEAL NO: 125/2015
Between:
M. Maddilety Naidu and Others ...APELLANT(S)
AND
The State Of A P ...RESPODENT
Counsel for the Appellant(S):
1. G VIJAYA SARADHI
Counsel for the Respondent:
1. PUBLIC PROSECUTOR (AP)
KSR, J & BVLNC, J
Crl.A.No.1417 OF 2014 and Batch
CRIMINAL APPEAL NO: 214/2015
Between:
E. Ramesh ...APELLANT
AND
E Ramesh ...RESPODENT
Counsel for the Apellant:
1. SATYANARAYANA NIMMALA
Counsel for the Respondent:
1. PUBLIC
PROSECUTOR (AP)
CRIMINAL APPEAL NO: 215/2015
Between:
Gulikala Boya Ranganna
Kurnool Dt & 5 Otrs. ...APELLANT
AND
State Of Ap Rep Pp ...RESPODENT
Counsel for the Appellant:
1. RAJA REDDY KONETI
2. T S ANIRUDH REDDY
Counsel for the Respondent:
1. PUBLIC PROSECUTOR (AP)
KSR, J & BVLNC, J
Crl.A.No.1417 OF 2014 and Batch
CRIMINAL APPEAL NO: 216/2015
Between:
M.Diwakar Naidu ...APELLANT
AND
The State Of Ap ...RESPODENT
Counsel for the Appellant:
1. C VASUNDHARA REDDY
Counsel for the Respondent:
1. PUBLIC PROSECUTOR (AP)
CRIMINAL APPEAL NO: 402/2015
Between:
Yerukala Yella Nagi and Others ...APELLANT(S)
AND
The State Of Andhra Pradesh ...RESPODENT
Counsel for the Appellant(S):
1. MASTHAN NAIDU CHERUKURI
2. SODUM ANVESHA
Counsel for the Respondent:
1. PUBLIC PROSECUTOR (AP)
The Court made the following:
KSR, J & BVLNC, J
Crl.A.No.1417 OF 2014 and Batch
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
FRIDAY, THE FIFTH DAY OF JULY TWO THOUSAND AND
TWENTY FOUR
SPECIAL DIVISION BENCH
PRESENT
THE HON'BLE SRI JUSTICE K.SURESH REDDY
AND
HON'BLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI
CRIMINAL APPEAL Nos.1417 of 2014, 46 of 2015, 79 of 2015,
125 of 2015, 214 of 2015, 215 of 2015, 216 of 2015 and
402 of 2015
COMMONJUDGMENT
(Per Hon'ble Sri Justice K.Suresh Reddy)
As all the Criminal Appeals arise out of the same Sessions
Case i.e., S.C.No.63 of 2009 on the file of the Court of II Additional
Sessions Judge, Kurnool District at Adoni, they are being disposed
of by way of this common judgment.
2. Accused No.2 filed Criminal Appeal No.1417 of 2014,
Accused No.4 filed Criminal Appeal No.216 of 2015, Accused Nos.5
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and 6 filed Criminal Appeal No.125 of 2015, Accused No.8 filed
Criminal Appeal No.214 of 2015, Accused Nos.10 and 11 filed
Criminal No.79 of 2015, Accused Nos.12 to 15 and Accused No.26
filed Criminal Appeal No.215 of 2015, Accused Nos.22 and 23 filed
Criminal Appeal No.402 of 2015, and Accused Nos.20 and 27 filed
Criminal Appeal No.46 of 2015. During pendency of the Criminal
Appeal No.402 of 2015 filed by Accused No.22 along with Accused
No.23, he died and as such the appeal insofar as against Accused
No.22 is abated.
3. Initially, a charge sheet was filed against 46 accused in total
by excluding A47 and A48 who were arrayed as A1 and A2 in the
FIR by the police. Subsequently, the said both accused are added
as A47 and A48 as per the orders of this Court and a de novo trial
was conducted against them in the very same Sessions Case.
4. Learned Additional Sessions Judge framed fourteen (14)
charges against A1 to A46.
1) First charge was framed for the offence punishable
under Section 120-B IPC against A1, A2 and A4 to A46.
2) Second charge was framed for the offences punishable
under Sections 302 r/w 120-B and 114 IPC against A1,
A2, A4 to A38 and A4 and also framed for the offences
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punishable under Section 302 r/w 120-B and 109 IPC
against A39 to A43, A45 and A46.
3) Third charge was framed for the offence punishable
under Section 302 IPC against A4 for causing death of
D1 to D11.
4) Fourth charge was framed for the offence punishable
under Section 143 IPC against A1, A2, A5 to A19, A23
to A38 and A44.
5) Fifth charge was framed for the offence punishable
under Section 148 IPC against A1, A2, A19, A21, A38
and A44.
6) Sixth charge was framed for the offence punishable
under Sections 302 r/w 149 against A1, A2, A5 to A19,
A21, A23 to A38 and A44.
7) Seventh charge was framed for the offence punishable
under Sections 302 r/w 34 IPC against A1, A2 and A5 to
A46.
8) Eighth charge was framed for the offence punishable
under Section 307 r/w 34 IPC against A1, A2, A4 to A38
and A44 for attempting murder of P.W.5.
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9) Ninth charge was framed for the offence punishable
under Section 3 of Explosive Substances Act against
A1, A2, A3, A5 to A19, A21 to A38, and A44.
10) Tenth charge was framed for the offence
punishable under Section 4 of Explosive Substances
Act against A24, A42, A45 and A46.
11) Eleventh charge was framed for the offence
punishable under Section 4 of Explosive Substances
Act against A40.
12) Twelfth charge was framed for the offence
punishable under Section 6 of Explosive Substances
Act against A39.
13) Thirteenth charge was framed for the offence
punishable under Section 302 IPC against A23 to A25,
A35 and A37 for causing death of D2.
14) Fourteenth charge was framed for the offence
punishable under Section 302 IPC against A34, A35
and A37 for causing death of D3 to D9 and D11.
5. Subsequently the learned Additional Sessions Judge
framed the following eight (8) charges against A47 and 48.
1) For the offence punishable under Section 120-B IPC
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2) For the offences punishable under Sections 302 r/w 120-B
and 114 IPC
3) For the offence punishable under Section 302 r/w 109 IPC
4) For the offence punishable under Section 302 r/w 149 IPC
5) For the offence punishable under Section 302 r/w 109 IPC
6) For the offence punishable under Section 307 r/w 149 IPC
7) For the offence punishable under Section 3 of Explosive
Substances Act
8) For the offence punishable under Section 302 r/w 109 IPC
6. Substance of all the charges is that on 17th May, 2008, at
about 9.15 A.M., all the accused entered into criminal conspiracy
and in pursuance of the same they formed into an unlawful assembly
armed with bombs and hunting sickles, attacked the deceased
persons i.e., D1 to D11 at Bus stop of Kothabodepadu Village
situated on the road running between Kurnool and Kodumur, dashed
with a lorry against the vehicle in which the deceased were travelling
and then throwing country made bombs and hacked with hunting
sickles and caused death of D1 to D11. In the same transaction
P.W.5 also received injuries. Thus the accused thereby committed
offences punishable under Sections 120-B, 302, 302 r/w 120-B, 143,
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148, 149, 307 IPC and under Sections 3, 4 and 6 of the Explosive
Substances Act and under Section 25(1) (b) of the Arms Act.
7. During pendency of the Sessions Case in the trial Court,
A3, A19, A21 and A25 died, hence the case against them was
recorded as abated.
8. After completion of trial, the learned Additional Sessions
Judge, found A1, A2, A5, A6, A8, A10 to A16, A20, A22, A23, A26
and A27 guilty for the offence punishable under Section 148 IPC and
sentenced them to undergo Imprisonment for a period of 3 years and
also to pay fine of Rs.500/- each, in default to undergo Simple
Imprisonment for six (6) months each.
9. The learned Additional Sessions Judge, also found A1, A2,
A4, A5, A6, A8, A10 to A16, A20, A22, A23, A26, and A27 guilty for
the offence punishable under Section 307 r/w 149 IPC and
sentenced them to undergo Rigorous Imprisonment for a period of 3
years each and also to pay fine of Rs.500/- each, in default to
undergo Simple Imprisonment for six (6) months.
10. The learned Additional Sessions Judge, further found A1,
A2, A5, A6, A8, A10 to A16, A20, A22, A23, A26, and A27 guilty for
the offence punishable under Section 302 r/w 149 IPC and
sentenced them to undergo Imprisonment for Life and also to pay
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fine of Rs.1,000/- each, in default to undergo Simple Imprisonment
for one year each.
11. The learned Additional Sessions Judge, further found A1,
A2, A5, A6, A8, A10 to A16, A20, A22, A23, A26 and A27 guilty for
the offence punishable under Section 3 of the Explosive Substances
Act and sentenced them to undergo Rigorous Imprisonment for a
period of 10 years and also to pay fine of Rs.1,000/- each, in default
to undergo Simple Imprisonment for one year.
12. The learned Additional Sessions Judge, however found
A7, A9, A17, A18, A19, A24 and A28 to A46 not guilty for the
offences punishable under Sections 148, 302, 120-B, 302 r/w 120-B
and 114 IPC and under Sections 3, 4 and 6 of the Explosive
Substances Act and thereby they are acquitted of the said charges.
13. The learned Additional Sessions Judge, held that A1, A2,
A4 to A24 and A26 to A46 are also not guilty for the offences
punishable under Sections 120-B, 302 r/w 120-B and 114 IPC and
they are all acquitted of the said charges.
14. Finally, the learned Additional Sessions Judge, found A47
and A48 also not guilty for the offences punishable under Sections
120-B, 302 r/w 120-B, 114, 302 r/w 149, 302 r/w 149, 307 r/w 149
IPC and under Section 3 of the Explosive Substances Act and thus
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they were acquitted of the said charges. The learned Additional
Sessions Judge directed all the substantive sentences imposed
upon the accused who are found guilty, shall run concurrently.
15. Brief facts of the case are as follows:
P.Ws 1 to 8 and the deceased Nos.1,2, 7,9, 10 and 11 are
residents of Kapatralla Village. D1 is the Junior Paternal uncle of
P.W.1 and also elder brother of D2. P.W.2 is the brother-in-law of
D10. P.W.3 is younger brother of P.W.2. All the accused are
residents of various villages in Devanakonda Mandal, Kurnool
district. There are two (2) political groups and the accused are the
followers of Congress party, whereas prosecution party belongs to
Telugu Desam Party. Kapatralla village is a hard core faction village
since 1970. During the year 1970, D1 and one Varam Krishnappa
(father of A2) contested for the post of Sarpanch of Kapatralla
Village and D1 won the election defeating father of A2. After the said
elections, followers of Varam Krishnappa became followers of the
D1. Later Varam Krishnappa bore grudge against D1 and left
Kapatralla Village. About 25 years prior to the incident, one
Munirangadu (brother of A2 and A39) and some others attempted to
kill D1 at Kurnool and the said case against Munirangadu ended in
acquittal. About 20 years prior to the incident, Munirangadu and
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eight (8) others went to Kapatralla Village in police uniform with an
intention to kill D1 and in the said incident D1 escaped but one
Durgaiah was murdered and the said case also ended in acquittal. In
the year 1992, A27 and twenty two (22) others went to the house of
D1 to kill him. But D1 escaped and four of his followers were
murdered and the said case ended in conviction. In the year 1998,
father of A1 with the aid of A2, A4 to A6, A19 and A20 secured
bombs with an intention to kill D1. Having come to know of the same,
police arrested A1 and his father. The said case also ended in
acquittal. In 2001, A3 and some others hurled bombs on D1, but he
escaped. On the same day i.e., on 30.3.2001, six (6) persons were
killed by the prosecution party and the said case ended in conviction.
They filed Criminal Appeal No.1029 of 2012 before this Court and
the same is pending. Some of the prosecution witnesses in the
present Criminal Case, including P.W.1 were accused in the said six
(6) murder case and thereafter no incident took place till 2008.
16. While so, on 17.5.2008 at about 8.00 A.M., or 8.30 A.M.
two (2) jeeps started from the house of D1 to go to Kurnool from
Kapatralla Village. D1, D2, D4, D6, D7, D9, D10, D11, P.W.5 started
in the first jeep. P.Ws. 1 to 4, P.W.7, P.W.8 and others started in
another jeep. The jeep in which D1 and others were
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travelling was proceeded ahead. When the jeep of D1 reached
Kapatralla Bus stop, D3, D5 and D8 got into the said jeep and then
both the vehicles were proceeding to Kurnool. At about 9.00 A.M or
9.15 A.M. when the first jeep in which D1 was travelling reached
Bodepadu-Machapuram Bus stop, bombs were hurled from both
sides of the road on the said jeep. The driver of the second jeep after
hearing the explosion stopped the vehicle and all the twelve (12)
persons except P.W.1 got down from the jeep due to fear and hid
themselves behind the bushes and P.W.1 alone remained in the
jeep. When the driver of the first jeep proceeded further, a lorry
came in the opposite direction in a high speed and dashed the jeep
in which D1 and others were travelling. The jeep got struck beneath
the lorry. P.W.1 saw A4 and A20 got down from the lorry armed with
hunting sickles. A47 and A48 went to the road from bushes and
instigated other accused to kill D1, D2 and others. Then A1 hurled
bomb on the first jeep of D1. Then A1 hacked on the forehead of D1
with hunting sickle, A2 hurled a bomb on D1, A4 dragged D1 from
the jeep and hacked D1 on the chin with a hunting sickle, A3 hacked
D1 on his left hand with a hunting sickle, A5 and A6 hurled bombs on
the jeep of D1. A8, A9, A10, A11, A12, A13, A14, A15, A17 and A18
also hurled bombs on the jeep of D1 and hacked him with hunting
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sickles. Thereafter all the accused raised voice uttering that all the
persons in the jeep are dead and fled away from the scene of
offence in a Tata sumo and a Mini Lorry towards Laddagiri Village.
Five minutes after the accused left, P.W.1 got down from the second
jeep and went towards the first jeep and found the dead body of D1
lying on the ground by the side of the jeep. Except P.W.5, D6 and
D11, all others were lying dead. Thereafter the persons who were
travelling in the second jeep went to that place and shifted the
injured to the Government hospital in 108 Ambulance. At about 9.00
A.M. P.W.28-S.I., Devanakonda Police Station received a call from
P.W29- the Inspector, Pathikonda Police Station informing that an
attack took place against D1 and asked him to go to Kapatralla
village to maintain law and order. At about 9.20 or 9.30 A.M. P.W.37-
Inspector, Kodumuru Circle received information about collision of
two (2) vehicles. By the time, P.W.37 reached scene of offence,
there was already a big gathering of people and presence of 108
Ambulance. He found some of the persons in the jeep died. Then
immediately P.W.37 informed the same to P.W.41-SDPO, Kurnool.
He shifted the injured persons i.e., P.W.5, D6 and D11 in 108
Ambulance to Government General Hospital, Kurnool.
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17. On the same day at about 10.45 A.M. P.W.15-Civil
Assistant Surgeon, Government General Hospital, Kurnool examined
P.W.5 and found foreign bodies in the scalp. She removed the
foreign bodies from the scalp of P.W.5 and handed over them to the
Station House Officer, Gonegandla along with a letter dated
17.5.2008, which is marked as Ex.P31. On the same day, P.W.41-
SDPO, Kurnool recorded statement of D11 at Government General
Hospital, Kurnool in the presence of P.W.15 and the said statement
is marked as Ex.P102. At about 11.00 A.M. P.W.14 went to the
scene of offence and got the scene photographed through P.W.37.
He also gave instructions to shift both the vehicles to Kodumur
Police Station. On receipt of information, P.W.40-Circle Inspector,
Adoni along with his staff reached the scene of offence at about
12.15 P.M.. Thereafter P.W.41 prepared rough sketch under Ex.P95
at the scene of offence. On the same day between 1.25 P.M and
2.00 P.M. P.W.9-II Additional Junior Civil Judge, Kurnool recorded
Dying Declaration from D11, which is marked as Ex.P3.
18. Thereafter P.W.1 went to Gonegandla Police Station and
gave a written report under Ex.P1. On receipt of the said report,
P.W.25-Sub-Inspector of Police, Gonegandla Police Station at about
3.00 P.M. registered a case in Crime No.56 of 2008 for the offences
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punishable under Sections 147, 148, 324, 307, 302 r/w 149 IPC and
Sections 3 and 5 of the Explosive Substances Act and Section 25(1)
(b) of the Arms Act. Ex.P48 is the original FIR. P.W.25 sent copy of
FIR to SDPO, Kurnool for further investigation. He also issued
copies of FIRs to all the concerned. After receipt of Ex.P48, P.W.41
took up investigation along with P.W.40. P.W.41 along with P.W.40
examined the scene of offence between 3.55 P.M. and 5.30 P.M and
seized five (5) hunting sickles, unexploded bomb and blood stained
chappals and prepared scene of offence panchanama, which is
marked as Ex.P67. On the same day, at about 4.00 P.M., P.W.41
instructed P.W.37 to shift the dead bodies to Government General
Hospital, Kurnool. Accordingly P.W.37 shifted the dead bodies. He
also shifted both the vehicles to Kodumur Police station. P.W.37
found unexploded country made bombs in the jeep inside the
dashboard and he removed them and kept them in a plastic bucket.
19. P.W.41 issued instructions for conducting post-mortem
examination over the dead bodies.
20. On 18.5.2008, P.W.37 conducted inquest over the dead
body of D1 from 6.00 A.M. to 8.30 A.M. at Government General
Hospital, Kurnool in the presence of P.W.1 and P.W.13 and the
inquest report is marked as Ex.P6. At the same time, P.W.32-Sub-
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Inspector, Gudur Police Station conducted inquest over the dead
body of D2 in the presence of P.W.1 and P.W.13 and the inquest
report is marked as Ex.P8. P.W.38-Inspector, Adoni Police Station
conducted inquest over the dead of D3 in the presence of P.W.1 and
P.W.13 and the inquest report is marked as Ex.P10. P.W.24-Sub-
Inspector of Police, Nandavaram Police station conducted inquest
over the dead body of D4 in the presence of P.W.1 and P.W.13 and
the inquest report is marked as Ex.P12. P.W.25-Sub-Inspector of
Police, Gonegandla Police station conducted inquest over the dead
body of D5 in the presence of P.W.1, P.W.11 and P.W.13 and the
inquest report is marked as Ex.P14. P.W.30- Circle Inspector, Alur
Police station conducted inquest over the dead body of D6 in the
presence of P.W.1, P.W.12 and P.W.13 and the inquest report is
marked as Ex.P16. P.W.31-Sub-Inspector of Police, Kurnool Police
station conducted inquest over the dead body of D7 in the presence
of P.W.1 and P.W.13 and the inquest report is marked as Ex.P18.
P.W.39- Inspector, Renigunta Police station conducted inquest over
the dead body of D8 in the presence of P.W.1and P.W.13 and the
inquest report is marked as Ex.P20. P.W.33-Sub-Inspector of Police,
Nagulapuram Police station conducted inquest over the dead body
of D9 in the presence of P.W.1 and P.W.13 and the inquest report is
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marked as Ex.P22. P.W.36-Sub-Inspector of Police, Kurnool Police
station conducted inquest over the dead body of D10 in the presence
of P.W.1 and P.W.13 and the inquest report is marked as Ex.P24.
On 24.5.2008, P.W.25-Sub-Inspector of Police, Gonegandla Police
station conducted inquest over the dead body of D11 between 2.00
P.M and 4.30 P.M. in the presence of P.W.1 and the inquest report is
marked as Ex.P51.
21. P.W.22 Assistant Professor, Forensic Medicine, Kurnool
Medical College conducted autopsy over the dead body of D9. He
found twelve (12) external injuries on the dead body of D9. He
opined cause of death was due to shock and haemorrhage due to
multiple injuries and issued post-mortem examination certificate
under Ex.P44.
22. P.W.19 Assistant Professor, Forensic Medicine, Kurnool
Medical College conducted autopsy over the dead body of D1. He
found thirty three (33) injuries on the dead body of D1. He opined
cause of death was due to shock and haemorrhage due to multiple
injuries and issued post-mortem examination certificate under
Ex.P36.
23. P.W.26 Assistant Professor, Forensic Medicine, Kurnool
Medical College conducted autopsy over the dead body of D5. He
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found external injuries on the dead body of D5. He opined cause of
death was due to shock and haemorrhage due to multiple injuries
and issued post-mortem examination certificate under Ex.P52.
24. P.W.22 Assistant Professor, Forensic Medicine, Kurnool
Medical College conducted autopsy over the dead body of D10. He
found eleven (11) external injuries on the dead body of D10. He
opined cause of death was due to shock and haemorrhage due to
multiple injuries and issued post-mortem examination certificate
under Ex.P45.
25. P.W.19 Assistant Professor, Forensic Medicine, Kurnool
Medical College conducted autopsy over the dead body of D2. He
found injuries on the dead body of D2. He opined cause of death
was due to shock and haemorrhage due to multiple injuries and
issued post-mortem examination certificate under Ex.P37.
26. P.W.22 Assistant Professor, Forensic Medicine, Kurnool
Medical College conducted autopsy over the dead body of D3. He
found seven (7) external injuries on the dead body of D3. He opined
cause of death was due to shock and haemorrhage due to multiple
injuries and issued post-mortem examination certificate under
Ex.P42.
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27. P.W.26 Assistant Professor, Forensic Medicine, Kurnool
Medical College conducted autopsy over the dead body of D6. He
opined cause of death was due to shock and haemorrhage due to
multiple injuries and issued post-mortem examination certificate
under Ex.P53.
28. P.W.19 Assistant Professor, Forensic Medicine, Kurnool
Medical College conducted autopsy over the dead body of D4. He
found seventeen (17) injuries on the dead body of D4. He opined
cause of death was due to shock and haemorrhage due to multiple
injuries and issued post-mortem examination certificate under
Ex.P38.
29. P.W.22 Assistant Professor, Forensic Medicine, Kurnool
Medical College conducted autopsy over the dead body of D7. He
found twelve (12) external injuries on the dead body of D7. He
opined cause of death was due to shock and haemorrhage due to
multiple injuries and issued post-mortem examination certificate
under Ex.P43.
30. P.W.26 Assistant Professor, Forensic Medicine, Kurnool
Medical College conducted autopsy over the dead body of D8. He
found some internal and external injuries on the dead body of D8. He
opined cause of death was due to shock and haemorrhage due to
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multiple injuries and issued post-mortem examination certificate
under Ex.P54.
31. On 18.5.2008 at about 12.45 P.M., P.W.18, Dr. Padma,
Chandra Super Speciality Hospital, Kurnool examined P.W.5 and
found four (4) external injuries and admitted P.W.5 in ICU. She
opined that Injuries No.1,2 and 4 are simple in nature and injury No.3
is grievous in nature. She found that P.W.5 was in unconscious
condition at the time of admission in the hospital. She issued Wound
Certificate under Ex.P35.
32. On 18.5.2008, P.W.27 who worked in APFSL, Hyderabad,
visited the scene of offence between 11.30 A.M. and 6.00 P.M. along
with Assistant Director, RFSL, Kurnool and found head on collision
between a lorry bearing No.AP26U1168 and a trax jeep bearing
No.AP21M236. He found nine (9) throw down type bombs on the
trax jeep. He defused a bomb and handed it over to police for
forwarding it to FSL. A report issued by him is marked as Ex.P55.
33. On 19.5.2008, P.W.41 examined P.Ws 2 to 4 and
recorded their statements in his office. On 20.5.2008, he examined
P.Ws6 and 7 and recorded their statements. Basing on the reports of
revenue officials P.W.41 determined that the scene of offence is
situated within the limits of Machapuram village of Devanakonda
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mandal. From 17.5.2008 to 21.5.2008, P.W.41 investigated into the
case, then the Superintendent of Police, Kurnool issued a memo
directing P.W.41 to re-register the case at Devanakonda Police
station. On 22.5.2008, P.W.25 the Sub-Inspector of Police Station,
Gonegandla Police Station presented the FIR in Crime No.56 of
2008 to P.W.28-Sub-Inspector of Police Devanakonda to re-register
the same on the point of jurisdiction. Thereafter P.W.28 re-registered
the same as a case in Crime No.37 of 2008 of Gonegandla Police
Station for the same offences. The re-registered FIR is marked as
Ex.P56.
34. On 24.5.2008, A1 and some others went to the office of
P.W.10 (Tahsildar, Bethamcherla Mandal) and A1 made
confessional statement before him. P.W.10 recorded the statement
of A1 and forwarded it to P.W.41-SDPO Kurnool District along with a
letter. Exs.P4 and P5 are the confessional statement of A1 and
forwarding letter respectively. Thereafter P.W.41 examined A1 in the
presence of P.W.13 and recorded his statement. Ex.P26 is the
confessional statement of A1. P.W.41 arrested A1 at 12.45 P.M.,
basing on the confession of A1, P.W.41 arrested A2 to A15, A17 to
A25 and A27 to A32 near Gajuladinne Project. All the arrested
accused confessed one by one and in pursuance of their confession,
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MOs 7 to 15 were recovered. Ex.P29 is the confession and seizure
panchanama.
35. On 24.5.2008, while undergoing treatment D11
succumbed to the injuries. On the same day, P.W.25 held inquest
over the dead body of D11 in the presence of P.W.1 at GGH,
Kurnool. Ex.P51 is the inquest report.
36. On the same day, P.W.19, Assistant Professor, Forensic
Medicine, Kurnool Medical College conducted autopsy over the dead
body of D11. He opined cause of death was due to shock and
haemorrhage. He issued post-mortem certificate under Ex.P39.
37. On 30.5.2008, P.W.41 along with P.W.35, P.W.37, P.W.13
and others proceeded to Veldurthi Police Station and apprehended
A26, A36, A38, A41 and A43. On the confession made by the
arrested accused, he seized one hunting sickle each from the
possession of A26 and A38. He arrested all the above five (5)
accused and seized Mos 16 to 21 and Ex.P62 is the confession and
seizure panchanama.
38. On 04.6.2008, P.W.41 seized abandoned mini lorry
bearing No.KA 15 1518 (MO4) and Ex.P59 is the seizure
panchanama.
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39. On 13.6.2008, P.W.41 arrested A42 at Pathikonda. On the
confession made by A42, he apprehended A45 at his residence and
seized country made bombs Mos 22 to 32. Ex.P56 is the confession
and seizure panchanama.
40. On 18.6.2008 P.W.41 arrested A44 in Gayathri Filling
Station at Kodamur and Ex.P63 is confession cum arrest
panchanama. On 23.6.2008, A16 surrendered before P.W.41 and
Ex.P103 is the confession and arrest panchanama. On 26.6.2008
P.W.41 arrested A46 and Ex.P64 is the confession cum arrest
panchanama. P.W.41 examined P.W.5 and recorded his statement
on 11.8.2008. On 18.8.2008 P.W.41 obtained sanction orders from
P.W.17 for prosecuting the accused under Explosive Substances
Act. Ex.P34 is the sanction order. After completion of investigation,
P.W.41 filed charge sheet on 18.8.2008.
41. In support of its case, the prosecution examined P.Ws.1 to
41 and marked Exs.P1 to P114 and exhibited M.Os.1 to 116. During
cross-examination of prosecution witnesses Exs.D1 to D37 were
marked.
42. When the accused were examined under Section 313
Cr.P.C., they denied the incriminating material found against them in
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the evidence of prosecution witnesses. On behalf of the accused,
DWs 1 to 4 were examined.
43. Heard Sri T. Pradyumna Kumar Reddy, Sri P. Veera
Reddy, Sri G.L.V.Ramana Murthy, Sri Ghanta Rama Rao, learned
Senior Counsel, Sri Raja Reddy Koneti, Sri O. Kailashnadh Reddy,
Sri D. Kodandaramireddy, Smt. C. Vasundhara Reddy, Sri G. Vijaya
Saradhi, Sri Challa Ajay Kumar, learned counsel, appearing for the
appellants and Sri Y. Nagi Reddy, learned Public Prosecutor
appearing for the State.
44. Sri T. Pradyumna Kumar Reddy, learned senior counsel,
leading the batch of cases, strenuously contended that though the
crime was registered against eighteen (18) persons, the case
swelled into 46 persons in the charge sheet. He further contended
that P.Ws 1 to 4 and P.Ws.6 to 8 are not at all eye-witnesses to the
incident as they were not travelling in the second jeep. If really the
presence of second jeep was there, P.W.1 ought to have given
report to the police, who were present at the scene of offence.
Admittedly, the police officials (P.Ws.28, 29, 37 and 41) are very
much present at the scene of offence by 11.00 A.M., but P.W.1 did
not choose to give any report to the said police official. But he gave
Ex.P1 report to the police at police station at about 3.00 P.M. and the
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said report received by the Magistrate at about 10.15 P.M. in the
night. He further contended that according to P.W.1 the second jeep
in which P.W.1 and others following the first jeep were at a distance
of 30 to 40 feet. If really these witnesses were travelling in the
second jeep, the second jeep must have got some damage due to
hurling of bombs. He also contended none of the prosecution
witnesses gave the registration number of second jeep, in which they
were travelling. He also contended that the investigating officer-
P.W.41 also did not make any effort to trace out the second jeep, in
which the prosecution witnesses were said to be travelled. He also
contended that P.W.5 who travelled in the first jeep and received
injuries was shifted to Government General Hospital, Kurnool. The
Doctor-P.W.15 examined P.W.5 at about 10.45 A.M. and removed
MOs16 and 17 foreign bodies from the scalp of P.W.5 and handed
over them to the Station House Officer, Gonegandla-P.W.25 along
with Ex.P31 letter. Even at that juncture, P.W.5 did not refer to the
second jeep. So far as witnesses in the first jeep are concerned, the
evidence of P.W.5 and the dying declarations of D11 are available
and that even in the dying declarations of D11, no reference is made
to the second jeep. Apart from P.Ws 1 to 4 and P.Ws. 6 to 8, some
other witnesses were also travelling in the second jeep, but in their
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statements recorded under Section 161 Cr.P.C., they stated that
they were at the village at the time of incident. In the dying
declarations of D11 marked as Ex.P3 and P102 no reference was
made about the presence of second jeep. He further contended that
the driver of the second jeep was also not examined by the
prosecution who was shown as L.W.35-Sk.Badehsaheb. All these
prosecution witnesses i.e., P.Ws 1 to 8 did not furnish the
registration number of the second jeep. He further contended that
the statement of P.W.5 was recorded on 11.8.2008, though the
incident took place on 17.5.2008 and it is nearly after three (3)
months that too just before filing of the charge sheet i.e., on
18.8.2008. Learned Senior Counsel further contended that in the
rough sketch marked as Ex.P95, there is no reference to the second
jeep. He further contended that if really P.W.1 was present in the
second jeep in the front seat, the accused will not leave him, since
P.W.1 is shown as accused in six (6) murder case. Though P.W.1
was present at the time of incident which took place at about
9.15 A.M., he did not choose to give report to any of the police
officials i.e., P.Ws.28, 29, 37 and 41 who were present at the scene
of offence by 11.00 A.M. He did not choose to give report up to 3.00
P.M. and it is only after due deliberations and confabulation with the
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prosecution party P.W.1 gave report Ex.P1. He further contended
though the distance between the police station and the Court is 50
kilometers, the FIR reached the Court at about 10.15 P.M. He further
contended that P.W.13 who is the only witness for arrest of the
accused and seizure of weapons did not support the case of the
prosecution. So far as the extra judicial confession, said to have
been made before P.W.10, he also did not support the case of the
prosecution. He finally contended that the trial Court having
acquitted the other accused relying on the evidence of the same
witnesses, convicting the appellants herein alone cannot be
sustained.
45. Sri P. Veera Reddy, learned senior counsel representing
A22 and A23 stated that during pendency of the present Criminal
Appeal A22 died, hence case against him stands abated. So far as
A23 is concerned, learned senior counsel contended that his name
was not mentioned in the FIR-Ex.P1. The presence and participation
of A23 was spoken by P.Ws 6 to 8 and they attributed specific overt
acts to him, stating that A23 caused injury on the left side of neck of
D2. But as per the medical evidence adduced through P.W.19, no
such corresponding injury was found on D2. He further contended
that in the dying declarations (Ex.P3, Ex.P102), the name of A23
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was not mentioned. He also contended that injured witness (P.W.5)
also did not refer to the presence and participation of A23. Apart
from that P.Ws. 1 to 4 did not refer to the presence and participation
of A23.
46. Sri Raja Reddy Koneti, learned counsel appearing on
behalf of A16 contended that no specific overt act was attributed
against him by P.Ws 1 to 8 and even about the participation of A16.
He also contended that in the dying declarations of D11 marked as
Exs.P3 and P102, no reference was made either to the participation
or to the presence of A16 at the time of incident.
47. Smt. C. Vasundhara Reddy, learned counsel representing
A4 contended that charge framed against A4 was under Section 302
IPC, but the learned trial Judge convicted him under Section 302 r/w
109 IPC. She also contended that in the initial dying declaration of
D11 marked as Ex.P3, it is stated that a tractor dashed against their
jeep. But there is no reference to the name of A4. In the second
dying declaration of D11, which is marked as Ex.P102, D11 stated
that lorry driven by A4 hit their jeep who got down from the lorry and
dragged D1 from the jeep and hacked him with a sickle. She further
contended that though there was no charge framed against A4 under
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Section 3 of Explosive Substances Act, learned trial Judge convicted
him under Section 3 of Explosive Substances Act.
48. Sri G.L.V.Ramana Murthy, learned senior counsel
representing A8, A10 and A11 contended that P.Ws 1 to 4 did not
attribute any specific overt acts against them except making omnibus
allegations. He also contended that the second jeep in which P.Ws 1
to 4 and 6 to 8 were travelling are not at all present at the scene of
offence at relevant point of time. He also contended that P.Ws. 6 to 8
did not spell out the names of A8, A10 and A11. In the dying
declaration of D11 also the names of A8, A10 and A11 were not
mentioned. In the dying declaration Ex.P3, it is stated that persons
belonging to Laddagiri dashed against their jeep, whereas A8, A10
and A11 belong to Kapatralla village. In the second dying declaration
of D11 marked as Ex.P102 the names of A8, A10 and A11 are not
mentioned. P.W.5 /the injured witness also did not speak anything
against A8, A10 and A11 and he did not even refer to their names.
Learned senior counsel also contended that though the driver of the
second jeep is shown as L.W.35-Sk.Badehsaheb, the prosecution
did not choose to examine him.
49. Sri Challa Ajay Kumar, learned counsel appearing for A20
and A27 contended that the names of A20 and A27 were not at all
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mentioned in the earliest report Ex.P1. Even the prosecution
witnesses P.Ws 2, 3 and 6 to 8 did not state anything against A20
and A28 and that P.W.1 for the first time attributed specific overt acts
against A20 and A27 stating that they attacked D1, but whereas
P.W.4 states that A20 and A27 hurled bombs on D1. But P.W.5
stated in his belated version, whose statement was recorded after
nearly three (3) months, just before filing of the charge sheet that, A4
and A20 jumped from lorry and attacked D1. He further contended
that there is no reference to the names of A20 and A27 in the dying
declarations of D11 marked as Ex.P3.
50. Sri Ghanta Rama Rao, learned senior counsel also argued
on the same lines contending that the presence of second jeep is not
at all there and the prosecution came up with the present version
belatedly and no reliance can be placed on the evidence of P.Ws 1
to 8. He further contended that P.Ws 1 to 4 and P.Ws 6 to 8
attributed overt acts to different sets of accused. The evidence of
these witnesses is not at all consistent. He further contended that
Ex.P1 was hit by Section 162 Cr.P.C. as the police have already
information from P.W.15 at about 11.00 A.M., on the fateful day. As
such all the learned counsel sought for setting aside the convictions
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and sentences recorded against the appellants by the learned trial
Judge.
51. On the other hand, Sri Y. Nagi Reddy, learned Public
Prosecutor opposed the appeals by contending that the dying
declarations Ex.P3 and P102 are only to find out the way in which
attack took place. Though the presence of second jeep was not
mentioned in these dying declarations the same is not fatal to the
prosecution case. He further contended that D1 being the faction
leader will not go in a single vehicle and naturally his followers will
follow him in the second jeep. He further contended that the reaching
of FIR to the Court at 10.15 P.M. is for various reasons and the
same cannot be taken as a serious note. He also contended for
latches on the part of the investigating agency in not seizing the
second jeep cannot be fatal to the case of the prosecution. He
further contended that so far as the evidence of P.W.5 is concerned,
there is possibility of he witnessing the first part and due to
commotion it may not be possible to witness the entire episode. He
also contended that the statement of P.W.5 was recorded on
11.8.2008 well within the date of filing of the charge sheet and the
same cannot be termed as false statement. He further contended
that defence did not put any suggestion to P.W.41 that
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FIR was registered belatedly as the same reached the Magistrate at
10.15 P.M. He also contended that merely because P.W.41 did not
show the second jeep in the rough sketch, it is not fatal to the
prosecution case. He also contended that FIR was not hit by Section
162 Cr.P.C. as the details of assailants were not known prior to
Ex.P1. He also contended that the evidence of P.Ws 1 to 8 coupled
with Ex.P3 and P102 established the guilt of the accused beyond all
reasonable doubt. He also contended that the evidence of P.Ws. 1 to
8 is consistent as such he sought for dismissal of the appeals by
confirming the convictions and sentences recorded by the learned
trial Judge.
52. We have gone through the entire evidence on record
carefully.
53. To prove its case, prosecution adduced the evidence of
P.Ws 1 to 4 and P.Ws 6 to 8, who were travelling in the second jeep.
Prosecution also adduced the evidence of P.W.5 who is travelling in
the first jeep along with D1 to D11 and who got injured in the said
incident. Finally the prosecution relied on the two dying declarations
made by D11.
54. First we will deal with the oral evidence of P.Ws 1 to 4 and
P.Ws 6 to 8.
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55. P.W.1 in his report-Ex.P1 has stated that D1 along with
D2, D7, P.W.5, D9, D11, D6 and D4 started from Kapatralla village
to go to Kurnool town in a trax jeep bearing registration No.
No.AP21M8434, P.W.1, L.W.35-Sk.Badehsaheb, L.W.38-Ediga
Anjaneyulu, P.W.2, P.W.7, L.W.37-Diddikadi Naganna, L.W.28-Boya
Chintamanu, P.W.8, L.W.27-Boya Narasaiah, P.W.4, L.W.34-Boya
Ramudu and P.W.3 in another trax jeep followed the first jeep at
about 8.30 A.M., while proceeding towards Kurnool, D3, D5, and D8
got into the first jeep at Kapatralla stage. Both the vehicles were
proceeding towards Kurnool. At about 9.00 A.M. when both the
vehicles passed through Bodepadu-Machapuram stage, bombs were
hurled on first jeep in which all the deceased were travelling from
both sides of the road. Inspite of that the first jeep was proceeding
and a lorry bearing registration No. AP26U1168 came in opposite
direction and dashed the said jeep which was stuck beneath the
lorry. Some of the persons got down from the lorry. At that time, A47
and A48 came out from bushes and uttered to kill D1, D2 and all
others. Then A1 hurled a bomb on D1 and hacked D1 with a hunting
sickle on the forehead. A2 hurled a bomb on D1. A4 hacked D1 on
his face with a hunting sickle. A3 hacked on the left hand of D1 with
a hunting sickle. Then A5, A6, A7, A17, A8, A9, A18, A11, A12, A13,
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A14, A15, A16 and others hurled bombs on the jeep and hacked with
hunting sickles. After confirming that all the deceased died A47, A48
and some others went towards Laddagiri leaving the lorry there itself.
Due to fear, P.W.1 remained in the second jeep. After all the
accused left the scene P.W.1 got down from the second jeep and he
along with P.Ws 2 to 4 and P.Ws. 6 to 8 went to the first jeep and
found all of them died except P.W.5, D6 and D11.
56. Coming to the evidence of P.W.1, he has stated that after
the lorry dashed the first jeep, the jeep stuck beneath the lorry. He
states that A4 and A20 got down from the jeep. Then A47 and 48
came out from the bushes uttering to kill D1, D2 and all others. A1
hurled a bomb on the jeep and hacked on the forehead of D1 with a
hunting sickle. A2 also hurled a bomb on D1. A4 dragged D1 from
the jeep and hacked on his chin with a hunting sickle. A3 hacked on
the left hand of D1 with a hunting sickle. Then A5 and A6 hurled
bombs on the jeep. A8, A17, A9, A18, A11, A10, A15, A16, A14, A12
and A13 hurled bombs on the jeep and hacked D1 and other
deceased with hunting sickles. Thereafter, all the accused fled away
towards Laddagiri village in a Tata Sumo and a Mini Lorry uttering
that all the deceased died. P.Ws 1 to 4 and P.Ws.6 to 8 went to the
first jeep and found all of them died except P.W.5, D6 and D11. They
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shifted three injured persons i.e. P.W.5, D6 and D11 to Government
General Hospital, Kurnool in 108 Ambulance. Then P.W.1 went to
Gonegandla Police Station and gave Ex.P1 report to the police.
57. P.W.2 in his evidence has also attributed similar overt
acts. Apart from what P.W.1 stated he has introduced omnibus
allegation of hurling bombs on the jeep by A19, A21, A22 and A23.
P.W.2 also stated stating A24 hacked on the face of D1 with a
hunting sickle. He also stated stating A25 hacked D2 on the face
with a hunting sickle. He further stated that A26 hurled a bomb inside
the jeep.
58. P.W.3 also stated in the same lines of P.W.2.
59. P.W.4 also stated in the same lines. Apart from what
P.Ws.2 and 3 stated, he attributed omnibus allegations of hurling
bombs on the jeep by A20, A27, A28, A29 and A24.
60. Coming to the evidence of P.W.6, he stated that after the
lorry dashing the jeep, A1 got down from the lorry and hurled a bomb
on the jeep. A1 hacked on the forehead of the deceased with a
hunting sickle. A2 hurled a bomb on the deceased. A3 an A4 hacked
on the left hand and chin of D1 with hunting sickle. He also stated
that A23 hacked on the left side of neck of D2. He further stated that
A26, A32 and A36 hurled bombs on the jeep.
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61. P.W.7 in his evidence attributed a specific overt act
against A22 stating that he hacked on the face of D1 below the left
eye with a hunting sickle, which was not stated by P.Ws.1 to 4 and 6.
He also attributed specific overt act against A23 as stated by P.W.6.
He further stated that A26, A27 and A36 hurled bombs on the jeep.
He also stated that A34, A35 and A7 armed with hunting sickles,
murdered D1 and others.
62. P.W.8 in his evidence has attributed specific overt acts
against A1 to A4, A22 and A23 only. He did not state anything
against the remaining accused.
63. We have analysed the above evidence carefully. Having
carefully scrutinised the evidence, the following facts came to light.
64. P.W.1 attributed overt acts against A1 to A8 only. P.W.2
extended the overt acts against A19, A21, A23, A24, A25 and A26.
P.W.3 extended the overt acts against A20, A27, A28 and A29.
P.W.6 further extended overt acts against A36 and A37. P.W.7
extended overt acts against A34 and A35. But, P.W.8 did not state
anything against the accused except A1 to A4, A20 and A23.
Further, P.Ws 1 and 2 stated in their evidence that immediately after
the lorry hitting the jeep A47 and A48 came on to the road and
uttered to kill D1, D2 and all others. But, P.Ws 3, 4 and 6 to 8 did not
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state in their evidence about A47 and A48 came on to the road and
uttered to kill the deceased. Further P.W.1 in his report (Ex.P1) did
not state about the presence of P.W.6 at the time of incident. As
seen from the cross-examination of Investigating Officer-P.W.41 the
statements of P.Ws 2 to 4 were recorded on 19.5.2008 and P.Ws 6
to 8 were recorded on 20.5.2008.
65. All these witnesses attributed different overt acts to
different persons. Their evidence is not consistent with each other.
Further according to these witnesses, the second jeep was following
at a distance of 30 to 40 feet from the first jeep. If really, these
witnesses were travelling in the second jeep, their vehicle also must
have been damaged to some extent due to bomb explosion. Further
the driver of the second jeep (L.W.35-Sk.Badehsaheb) was not
examined by the prosecution. Apart from that P.Ws 2 to 4 and
P.Ws.6 to 8 stated in their evidence stating that after witnessing the
hurling of bombs on first jeep, they stopped their vehicle.
Immediately, P.Ws 2 to 4 and P.Ws.6 to 8 got down from the jeep
and hide themselves behind bushes and witnessed the entire
episode. P.W.1 alone remained in the front seat of the second jeep.
If really P.W.1 was present in the second jeep that too in the front
seat, the accused would not have left him, as he is one of the
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accused in earlier six murder case. If really the second jeep was
present following the first jeep they ought to have given the
registration number of second jeep in which they were travelling.
Even the investigating officer (P.W.41) did not refer to the presence
of second jeep in the rough sketch marked as Ex.95. In Ex.P1 the
number of the first jeep and number of the lorry has been furnished
by P.W.1. But he did not furnish the number of the second jeep in
which he along with other witnesses were proceeding. Even
according to the evidence of P.Ws 1 to 4 and P.Ws.6 to 8, nobody
received any injury in the said incident. Further, if really P.Ws 1 to 4
and P.Ws.6 to 8 were present at the time of incident they ought to
have given report to the police officials (P.Ws 28, 29, 37 and 41),
who were present there, by 11.00 A.M. Admittedly, according to the
prosecution all the police officials were present by 11.00 A.M., at the
scene of offence and P.W.5, D6 and D11 were shifted to the
Government Hospital, Kurnool. Even the Doctor/P.W.15 gave
treatment to P.W.5 by 10.45 A.M. P.W.15 removed the foreign
bodies from the scalp of P.W.5 and handed over the same to P.W.25
along with a letter/ Ex.P31. Those foreign bodies were also marked
as Mos. 16 and 17. But, P.W.1 remained calmly at the scene without
giving any report to the police, which leads to grave suspicion, in the
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facts and circumstances of the case. After six (6) hours i.e., at about
3.00 P.M., P.W.1 went to the police station and gave report, which is
marked as Ex.P1. Even in Ex.P1 also P.W.1 refers to the names of
A1 to A18 only. Admittedly, even according to prosecution all the
accused were known to P.Ws 1 to 4 and 6 to 8, but curiously Ex.P1
does not contain the names of all the accused. Further, P.Ws 1 to 4
attributed overt acts to some of the accused and P.Ws 6 to 8
attributed overt acts to different persons, as such we have no
hesitation to come to the conclusion that P.Ws 1 to 4 and P.Ws. 6 to
8 were not at all present in the second jeep and the presence of
second jeep itself is doubtful.
66. Further P.Ws 1 to 4 and P.Ws.6 to 8 tried to implicate A47
and A48 by showing them as A1 and A2 in the FIR. But Investigating
Agency deleted their names from the charge sheet stating that their
participation was not there. Of course, de novo trial was conducted
against them showing as A47 and A48. But the trial Court acquitted
them stating that their involvement was not there. The said acquittal
has become final, as such we are not inclined to place reliance on
the evidence of P.Ws 1 to 4 and P.Ws.6 to 8.
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67. Though P.W.s 1 to 4 and P.Ws. 6 to 8 were present at the
scene of offence on 15.5.2008, their statements under Section 161
Cr.P.C. came to be recorded on 19.5.2008 and 20.5.2008. Having
carefully analysed and scrutinised the evidence of P.Ws 1 to 4 and
P.Ws. 6 to 8, we have no hesitation in coming to the conclusion that
their evidence suffers from inconsistencies and improvements from
stage to stage giving raise to the suspicion to the genesis of the
prosecution case.
68. The next evidence available is the injured witness i.e.
P.W.5. Though P.W.5 received injuries on the fateful day i.e. on
17.5.2008 his statement came to be recorded on 11.8.2008 i.e. just
before filing of the charge sheet on 18.8.2008. Admittedly, P.W.15/
doctor removed Mos 16 and 17/foreign bodies from the scalp of
P.W.5 at about 10.45 a.m. on 17.5.2008. Thereafter he joined in the
hospital of P.W.18 on his own without giving any information to the
investigating agency. It is not the case of the prosecution that P.W.5
was unconscious over a period of three (3) months. No reason is
coming forward as to why the statement of P.W.5 was not recorded
on 17.5.2008 and until 11.8.2008. P.W.5 in his evidence stated that
immediately after collision, he fell down on the floor of the jeep and
two dead bodies fell on him and until he shifted into ambulance he
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was beneath the two dead bodies. In such circumstances, he
witnessing the incident is impossible. In view of the above
circumstances, we are not inclined to place any reliance on the
evidence of P.W.5.
69. Coming to the next evidence i.e. dying declaration of D11
recorded by P.W.9 marked as Ex.P3, D11 stated that while they
were going in the jeep at about 11.00 A.M., a tractor was kept on the
road obstructing their jeep and persons belonging to Maddaleti and
Chakrapani hurled bombs on their jeep. He also stated in Ex.P3 that
people belonging to Laddagiri attacked them. Except stating that
nothing has been attributed to any of the accused. As seen from the
material on record, all the accused belong to Kapatralla village.
Ex.P3 was recorded at about 1.10 P.M. by P.W.9/ II Additional Junior
Civil Judge, Kurnool. In Ex.P3, D11 has not stated anything against
anyone of the accused. On the other hand, he stated that persons
belonging to Laddagiri attacked them. Coming to the second dying
declaration i.e. Ex.P102 recorded by P.W.41-Investigating Officer, it
is stated that at about 8.30 A.M. on the date of incident a lorry hit
their vehicle and the jeep struck beneath the lorry. Immediately A1
and his followers i.e. A24, A25, A19, A20 surrounded the jeep and
attacked D1 by dragging him out of the jeep. Thereafter all the
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accused hurled bombs and left the scene of offence. Subsequently
he along with D6 and P.W.5 were shifted to hospital in an
Ambulance. The said second dying declaration was recorded by
P.W.41 in the hospital. But Ex.P3 was recorded by P.W.9/ II
Additional Junior Civil Judge, Kurnool. In Ex.P3, D11 has specifically
stated that tractor hit their vehicle and persons belonging to
Laddagiri hurled bombs and left the scene. But in the second dying
declaration i.e.Ex.P102 recorded by the investigating officer-P.W.41,
D11 improved his version, obviously at the instance of his party
people, as such we are not inclined to place any reliance on dying
declarations Ex.P3 and P102 as both of them are not consistent.
Further P.W.15 admitted in his evidence stating that he left the
hospital by 2.00 P.M. Surprisingly Ex.P102 recorded in the evening
contained endorsement of P.W.15 which gives raise to suspicion that
Ex.P102 was pressed into service at a later point of time to suit the
prosecution version.
70. Coming to the next evidence available on record is the
extra judicial confession said to have been made before P.W.10.
Unfortunately, P.W.10 did not support the case of the prosecution
and he turned hostile.
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71. So far as the arrest and recovery is concerned, the only
mediator who was examined as P.W.13 also did not support the
case of the prosecution and he also turned hostile.
72. Except the evidence of P.Ws 1 to 4 and P.Ws.6 to 8, the
evidence of P.W.5, and the dying declarations (Ex.P3 and P102) of
D11, there is no material on record. As already pointed out, the
evidence of P.Ws 1 to 4 and P.Ws. 6 to 8, is belated version and
their evidence suffers from number of inconsistencies and
improvements. The evidence of P.Ws 1 to 4 and P.Ws.6 to 8 do not
inspire confidence of this Court. So far as the evidence of P.W.5 is
concerned, his statement was recorded for the first time on
11.8.2008 nearly after three (3) months that too just before filing of
charge sheet on 18.8.2008. As already pointed out that P.W.5
witnessing the incident is impossible as he was on the floor of the
jeep beneath two dead bodies. As such we do not consider the
evidence of P.W.5 as it is being belated one, without explanation for
such delay.
73. Coming to the dying declarations of D11, which were
marked as Ex.P3 and P102, both of them are not consistent with
each other. D11 gave different versions in his two dying declarations.
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Therefore, Exs.P3 and P102 also cannot be considered since they
are inconsistent with each other.
74. We are conscious that eleven (11) persons were done to
death in the present case. But the prosecution has to place cogent
evidence to convict the accused for the offences alleged against
them. But in the case on hand, the evidence adduced by the
prosecution is shaky and the prosecution is not able to prove the
guilt of the accused beyond all reasonable doubt.
75. In the judgment reported in TARA SINGH AND OTHERS
VS THE STATE OF PUNJAB1, the Hon'ble Apex Court observed
that
"In cases arising out of acute factions there is a
tendency to implicate persons belonging to the
opposite faction falsely. In order to avert the danger of
convicting such innocent persons the courts are
cautioned to scrutinise the evidence of such
interested witnesses with greater care and caution
and separate grain from the chaff after subjecting the
evidence to a closer scrutiny and in doing so the
contents of the FIR also will have to be scrutinised
carefully. However, unless there are indications of
fabrication, the court cannot reject the prosecution
version as given in the FIR and later substantiated by
the evidence merely on the ground of delay. These are
1991 SUPP (1) SCC 536
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all matters for appreciation and much depends on the
facts and circumstances of each case."
76. In the case on hand also, the prosecution party in their
over-enthusiasm to get conviction for more number of persons
belonging to the other party has implicated them falsely, which
effected the entire case of prosecution. As already pointed out, the
names of A19 to A46 are not mentioned in the FIR (Ex.P48).
Prosecution witnesses have admitted that they know all the forty
eight (48) accused as most of them belonging to Kapatralla Village.
77. We have carefully scrutinised the entire evidence on
record. Different witnesses have come up with different versions.
Further, the circumstances in the case indicate that the second jeep
was not at all present. If really these P.Ws 1 to 4 and 6 to 8 were
travelling in the second jeep, they ought to have given the
registration number of the jeep, in which they were following the first
jeep. In fact, the investigating officer also did not furnish the number
of second jeep which is conspicuously absent in the rough
sketch/Ex.P95. Though admittedly all the police personnel were
present by 11.00 a.m. on the fateful day, no one choose to give
report to the police. Further, P.W.15/Doctor handed over MOs 16
and 17/foreign bodies to P.W.25 by 10.45 A.M. on the fateful day,
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but nobody choose to set the criminal law into motion. If really P.Ws
1 to 4 and 6 to 8 were present and witnessed the incident they ought
to have given report to one of the police officers present at the scene
of offence by 11.00 A.M. itself.
78. All the above facts and circumstances indicate that the
prosecution failed in proving the guilt of the accused/appellants
herein beyond reasonable doubt, as such they are entitled to be
acquitted.
79. In the result, all the above Criminal Appeals are allowed by
setting aside the convictions and sentences recorded by the
learned II Additional Sessions Judge, Kurnool District at Adoni in SC
No.63 of 2009, dated 10.12.2014. Accordingly accused/appellants
herein are acquitted. During pendency of the Criminal Appeal A22
died, hence the case against him stands abated. Fine amount, if any,
paid by the appellants/Accused shall be refunded to them. As the
Accused/appellants herein were already enlarged on bail, they are
directed to appear before the Superintendent, Central Prison,
Kadapa for completing the legal formalities in terms of the judgment
rendered by the combined High Court in 'Batchu Ranga Rao &
others Vs. State of A.P.2.
2016(3) ALT (Crl.) 505 (DB) (AP)
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Consequently, miscellaneous petitions, if any, pending shall
stand closed.
_________________________
JUSTICE K.SURESH REDDY
______________________________
JUSTICE B.V.L.N. CHAKRAVARTHI
Date: 05.7.2024
GR
KSR, J & BVLNC, J
Crl.A.No.1417 OF 2014 and Batch
THE HON'BLE SRI JUSTICE K.SURESH REDDY
AND
HON'BLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI
CRIMINAL APPEAL Nos.1417 of 2014, 46 of 2015, 79 of 2015,
125 of 2015, 214 of 2015, 215 of 2015, 216 of 2015 and
402 of 2015
(Per Hon'ble Sri Justice K.Suresh Reddy)
Date: 05.07.2024
GR
