JUDGEMENT
Pattanaik, J. -
(1.)The appellants and two others, in all ten in number stood charged and were tried for having committed the offence under Sections 302/149, 307/149 and 148 Indian Penal Code in the Court of Sessions Judge, Cuddahep for forming an unlawful assembly and causing the death of Racham Reddy Rama Subba Reddy and Racham Reddy Obula Konda Reddy and for attempting to kill Chinna Reddy. The learned Sessions Judge acquitted accused numbers 7 and 8 but convicted rest of the eight accused persons under Section 302 read with Section 149 and under Section 148, IPC. They were, however, acquitted of the charge under Section 307/149, IPC. On appeal the High Court affirmed the conviction and sentence passed by the learned Sessions Judge and hence the present appeal. During the pendency of appeal in this Court two of the appellants died, namely, accused Nos. 4 and 5 and as such the appeal stood abated as against them.
(2.)The prosecution case in nutshell is that there was some dispute six months prior to the date of occurrence between the prosecution party and the accused party on account of the fact that PW-1 who is the brother of the two deceased persons obstructed the passage to the house of accused Nos. 1 to 3. The two deceased persons who were brothers of PW-1 naturally supported PW-1. The further prosecution case is that a week prior to the date of occurrence there had been an altercation between the two factions on account of some theft having taken place. On the date of occurrence on 10-12-1985 PW-1 went to the house of his brother who is one of the deceased in the case and both of them went together to their field. By 12.00 noon while they were returning PW-1 was following his deceased brother, in front of the Flour Mill in the village the accused persons came armed with lethal weapons and accused No. 1 hacked the deceased with a sickle right on the road. Nine other accused persons then surrounded the deceased and attacked him with their respective weapons in their hands. P. W. 1 started running from the place to save his life and the accused persons also tried to chase him but could not catch hold of him. The accused persons then came back and proceeded to the second place of occurrence where PW-3 and the second deceased were returning. The accused persons then suddenly emerged from a place with the weapons in their hands and then brutally assaulted the second deceased. PW 3 went and informed PW-1 who was by that time near the dead body of the first deceased. PW-1 in the company of PW-3 came to the second place of occurrence which was nearby and then a complaint was drafted by PW-5 on the basis of information given by PW-1. In the meantime, the village servant PW-9 went to Rajupalem Police Station and informed the Sub-Inspector of Police PW-14 that two persons have been killed. This information was entered in the General Diary Exhibit P-8 and the Sub-Inspector of Police PW-14 rushed to the place of occurrence. At the place of occurrence PW-1 gave him the written report Exhibit P-1 which was treated as First Information Report and then the police started investigation. On completion of investigation charge-sheet was filed and after the accused persons being committed they stood their trial and were convicted as already stated.
(3.)The prosecution case essentially hinges upon the oral testimony of PW-1 so far as the murder of deceased No. 1 is concerned, and on the evidence of PWs. 3 and 4 so far as the murder of deceased No. 2 is concerned. An essential feature in this case is that the occurrence took place between 1.00 p.m. to 1.15 p.m. and the Station Diary entry Exhibit P-8 was made shortly thereafter and the First Information Report was given to PW-14 at the place of occurrence at 3.45 p.m. which not only gives a vivid account of the entire occurrence but also implicates all the accused persons ascribing positive role and, therefore, the question of any deliberation amongst the members of the prosecution party to falsely rope in the accused persons does not arise. The learned Sessions Judge and the High Court scrutinised the evidence of 3 main eye-witnesses of the occurrence PWs. 1, 3 and 4 and held them to be fully reliable and accordingly convicted the accused persons.
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