- (1.)This is an appeal filed against the judgment of the Sessions Judge, Machilipatnam, Krishna District in S.C.No.2 of 1987 dated 13.5.1987.
(2.)The accused Nos.1, 2, 3, 5, 19 and 23 are the appellants herein. They are all residents of Chilakalapudi. The case of the prosecution in brief is as follows. P.W. 1, who is a resident of Chilakalalpudi submitted a complaint, Ex.P-1 dated 12.9.1985 before the Sub-Inspector of Police, Kuchipudi Police Station to the effect that at 11 a.m. on the same day A-1 armed with spear followed by 22 others armed with sticks came to his house with a common object of doing away with him. He stated that on seeing them, he and his wife went inside the house, bolted the door from inside and he climbed the attic and sat there. While so, it is alleged, A1 and other accused entered the house damaging the door, which fell down, and demolished the walls after entering the house. Thereupon, the accused dragged P.W.I from the attic and beat him with sticks. It is alleged that P.W.2 and P.W.3, the wife and mother respectively of P.W.1 were also injured when they tried to intervene. In the complaint, Ex.P-1 the complainant furnished all the names of the persons who witnessed the occurrence. On the basis of the said complaint a case was registered in Cr.No.62 of 1985 for the offences punishable under Sections 147, 448, 427, 324 and 307 IPC. After completion of investigation a charge- sheet was filed. The charge-sheet was taken on file as P.R.C.No.9 of 1986 on the file of the Judicial First Class Magistrate, Avanigadda, who committed the matter to the Court of Session, Krishna, which was registered as S.C.No.2 of 1987. When the charge sheet was read over the accused pleaded not guilty.
(3.)In support of the case of the prosecution P.Ws. 1 to 15 were examined and documents Exs.P-1 to P-19 and M.Os.1 to 5 were marked. On behalf of the defence none were examined but documents Exs.D-1 to D-24 and M.O.6 were marked. On appreciation of oral and documentary evidence, the trial court convicted A-1 to A-3, A-5, A-19 and A-23 for the offence punishable under Section 148 IPC and sentenced them to suffer R.1. for one year each. They were further convicted for the offence under Section 452 IPC and sentenced to suffer R.I. for four years each and to pay a fine of Rs.100/- each, in default to undergo R.I. for one month. They were also convicted for the offence under Section 426 IPC and sentenced to suffer R.1. for two months each. A-1 was also convicted for the offence under Section 326 IPC and sentenced to suffer R.I. for four years and to pay fine of Rs.100/- in default to suffer R.I. for one month. For the offence under Section 324 IPC, he was sentenced to suffer R.I. for one year and for the offence under Section 450 IPC, he was sentenced to suffer R.I. for four years and to pay a fine of Rs.100/-, in default to suffer R.I. for one month. A-2, A-3, A-5, A-19 and A-23 were convicted for the offence punishable under Section 326 r/w 149 IPC and sentenced to suffer R.I. for four years each and to pay fine of Rs.100/- each, in default to suffer R.I. for one month each. They were also convicted for the offence under Section 324 r/w 149 IPC and sentenced to suffer R.I. for one year each. They were further convicted for the offence under Section 450 r/w 149 IPC and sentenced to undergo R.I. for four years each and to pay a fine of Rs.100/- each, in default to suffer R.I. for one month each. All the sentences were directed to run concurrently. Aggrieved by the said conviction and sentences imposed by the trial Court A-1, A-2, A-3, A-5, A-19 and A-23 preferred this criminal appeal.