- (1.)This Criminal Appeal is filed against the judgment dated 25-4-1997 in Sessions case No.66 of 1996 on the file of the Court of II Additional Sessions Judge, Chittoor at Madanapalle convicting the accused Nos.1 and 2 for the offence committed by them and punishable under Section 304 part II of Indian Penal Code and sentenced to undergo Rigorous Imprisonment for five years and to pay Rs.3,000/- each and in default to suffer Rigorous Imprisonment for two years. Against the said judgment, A-1 and A-2 filed the Criminal Appeal and defacto-complainant PW.1 filed Crl.R.C.1066 of 1997. As they are connected, they are being disposed of by this common order. Heard the counsel appearing for the appellants/accused, and learned counsel for defacto-complainant/petitioner in Criminal Revision Case and the Learned Public Prosecutor appearing for State. Both the accused were charged under section 302 I.P.C. for causing death of the deceased on 22-9-1995 but the learned Judge convicted them under section 304 part II I.P.C.
(2.)The substance of the charge is that on 22-9-1995, at about 9.30 A.M., in the field of the deceased Narayana Reddy in Malenatham village Malreddy Ramesh Reddy, resident of Malenatham village and his cousin Malreddy Udaysekhar Reddy, resident of Uppanelli village i.e., A-1 and A-2 herein, with a common intention armed with sticks beat and killed the deceased Narayana Reddy, who was aged about 65 years old. The deceased Narayana Reddy is native of Malenatham village. Father of A-1 and wife of the deceased Narayana Reddy are own brother and sister. A-1 and PWs.1 to 3 are residents of Malenatham village. A-2, PWs.6 and 7 are residents of Uppanelli village. PWs.4 and 5 are residents of Punganur village. PW.1 is the grand son i.e., daughter's son of the deceased. PW.4 is the son of the deceased and also a practicing advocate in Punganur village. Both accused are cousins. Sister of A-1's father was given in marriage to the deceased Narayana Reddy. There was a land dispute between Malreddy Ramachandra Reddy i.e., father of A-1 and deceased Narayana Reddy since fifteen years. In the year 1980, the deceased filed O.S.No.280 of 1980 on the file of Prl.District Munsif, Punganur and a criminal case in the Court of the Judicial First class Magistrate, Punganur against father of A-1, and the said criminal case ended in acquittal. Father of A-1 filed O.S. No. 131 of 1981 on the file of Sub-Ordinate Judge, Madanapalle and got transferred O.S. No. 280 of 1980 on the file of the Prl. District Munsif, Punganur to Sub- Ordinate Judge's Court, Madanapalle. A-1, his brother Raja Reddy and their father Ramachandra Reddy used to threaten the deceased. During 1994 , PW.4 and the deceased gave a petition to the Sub-Divisional Police Officer, Palamaner seeking protection against high handedness of A-1 and his family members. Ex.P.2 is the petition dated 3-6-1994. The S.D.P.O, Palamaner forwarded the petition to the Inspector of Police, Punganur for investigation. The Inspector of Police forwarded the petition to the Sub-Inspector of Ramasamudram Police Station. Then the Sub-Inspector called A-1, his brother Raja Reddy and their father Ramachandra Reddy, enquired them and recorded their statements.
(3.)On 22-9-1995 at about 9-45 A.M., the deceased called PW.2 to the fields from Malenatham village. Then the deceased took PW.2 to Venkatappa's well. On the way, they met Harijan Gurappa and they talked with him. They also met one Krishnam Raju (LW.5). When PW.2 and the deceased were in the fields, both the accused came there. A-1 was armed with stick. They beat the deceased. When PW.2, tried to rescue the deceased, A-1 pushed PW.2 aside. Then PW.2 started running towards the village. PW.2 found PW.1 at a distance of 20 or 30 feet from the scene. PW.1 saw A-1 and A-2 beating the deceased on the head, right ear and on the hands. On seeing PW.1, both the accused ran away. The deceased fell down facing upwards. Then PW.1 went near the deceased and found him unconscious. In the mean while, PW.3, LW.3 and LW.5 came along with PW.2. Then all of them took the deceased in a bullock cart upto Vanaganipalle and there shifted the deceased into a car and took him to the Government Hospital, Punganur at about 11.00 A.M. The deceased died at about 12.00 or 12.15 P.M. Then PW.1 telephoned to the Punganur police station. PW.9, the Sub-Inspector of Police, Ramasamudram Police Station received a phone message from the Government Hospital Punganur at 11.00 A.M. Then he proceeded to the Government Hospital, Punganur and found the deceased Narayana Reddy dead. Then he received report from PW.1 at the hospital. Ex.P1 is the report. PW.9/S.I of police took Ex.P.1 to Ramasamudram Police Station and registered it as Crime No.44 of 1995 and issued express FIR. Ex.P6 is the FIR sent to the Court. PW.10 the Inspector of Police, Punganur received the copy of FIR and proceeded to the hospital at 2.25 P.M. On the same day, he held inquest over the dead body in the presence of PW.6 between 2.30 P.M. and 5.00 P.M. Ex.P.3 is the inquest report. Thereafter, the dead body was sent for post-mortem examination. On the next day, i.e., on 23-9-1995, PW.10- C.I of Police, Badvel visited the scene of offence and prepared an observation report which is marked as Ex.P.4 in the presence of PW.7- Village Administrative Officer, Uppanahalli. PW.10 also seized MOs.7 to 10. Then he prepared Ex.P-12 the rough sketch of the scene of offence. On 22-9-1995 at 5.00 P.M., PW.8 the Women Assistant Surgeon, Government Hospital, Punganur conducted autopsy over the dead body of the deceased and found eight external injuries. According to the Doctor, the death was due to shock and hemorrhage due to multiple injuries. Ex.P.5 is the Postmortem certificate. After completing investigation, PW.10 filed the charge sheet. In support of its case, the prosecution examined 10 witnesses and marked Exs.P1 to P.16 and MOs.1 to 10. The plea of the accused is one of denial.