APHC010146922018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3547] TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CRIMINAL APPEAL NO: 705/2018 Between: 1. M.ALAMURI SRINIVASULU AND ANOTHER, R/O.BACHUPALLI, ALLAGADDA MANDAL, KURNOOL DISTRICT. 2. MEDARI ALAMURI NAGAIAH, R/O.KONDAMPALLI VILLAGE, H/O.BACHUPALLI, ALAGADDA MANDAL, KURNOOL DISTRICT. ...APELLANT(S) AND 1. THE STATE OF A P, rep. by the Publlic Prosecutor, High Court of Judicature at Hyderabad. ...RESPODENT Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High Court may be pleased to to allow the criminal appeal by setting aside the judgment passed ijn SC.No. 459 of 2015 dated 23-11-2017 on the file of the III Addl.Sessions Judge, Kurnool at Nandyal and acquit the appellan/accused. IA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of 54 days in filing the present criminal appeal against the judgment passed in SC.No.459 of 2015 dated 23-11- 2017 on the file of the III Addl. Sessions Judge, Kurnool at Nandyal in the interest of justice. IA NO: 2 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased IA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to release the petitioners on bail pending the disposal of the Criminal Appeal No. 705 of 2018 preferred before this Hon'ble court against the Judgment in S.O NO 459 of 2015 on the file of III additional Sessions Judge, Kurnool at Nandyal, dt 23-11¬2017, and pass Counsel for the Apellant(S): 1. T V JAGGI REDDY Counsel for the Respodent: 1. PUBLIC PROSECUTOR (AP) The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI TUESDAY, THIS THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE SPECIAL DIVISION BENCH PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY and THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CRIMINAL APPEAL NO: 705 of 2018 JUDGMENT: (Per the Hon’ble Sri Justice K. Suresh Reddy) Both the accused in Sessions Case No.459 of 2015 on the file of the Court of III Additional Sessions Judge, Nandyal, Kurnool District, are the appellants. They were tried by the learned Additional Sessions Judge under the following charges: First charge was under Section 341 I.P.C. against A1 and A2. Second charge was under Section 302 I.P.C. against A1. Third charge was under Section 302 r/w 34 I.P.C. against A2. Fourth charge was under Section 307 I.P.C. against A2 and the last charge was under Section 307 r/w 34 I.P.C. against A1. Page 4 of 13 2. Substance of the charges is that on 05.02.2015, at about 10:00 A.M., when P.W.1, along with his father Bondala Lakshmi Narasaiah (hereinafter referred to as ‘the deceased’) was going by motorcycle to the Police Station to give a report, both the accused wrongfully restrained them. A1 beat the deceased on his head with a pestle and A2 beat PW1 on his head with an iron rod, with a common intention to cause death of the deceased and injury to PW1, thereby committed offences punishable under Sections 341, 302, 307 and 302 & 307 read with 34 I.P.C. 3. After completion of trial, the learned Additional Sessions Judge convicted A1 under Section 302 I.P.C. and sentenced him to suffer imprisonment for ‘LIFE’ and also to pay a fine of Rs.5,000/-, in default, to suffer simple imprisonment for one year. Learned Additional Sessions Judge further convicted A2 under Section 302 read with 34 I.P.C. and sentenced him to suffer imprisonment for ‘LIFE’ and also to pay a fine of Rs.5,000/-, in default, to undergo simple imprisonment for one year. Learned Additional Sessions Judge further convicted A2 under Section 307 I.P.C. and sentenced him to suffer rigorous imprisonment for three years and also to pay a fine of Rs.5,000/-, in default, to undergo simple imprisonment for one year. Learned Additional Sessions Judge convicted A1 under Section 307 r/w 34 I.P.C. and sentenced him to suffer rigorous imprisonment for three years and also to pay a fine of Rs.5,000/-, in default, to undergo simple imprisonment for one year. Learned Additional Sessions Judge also convicted A1 and A2 under Section 341 I.P.C. and sentenced them to undergo simple imprisonment for fifteen days. All the substantive sentences were directed to run concurrently. 4. Case of the prosecution, briefly, is as follows: (i) The accused, as well as the material prosecution witnesses, are residents of Kondampalli Village, Allagadda Mandal, Kurnool District. The deceased was also resident of the same village. P.Ws.1 and 2 are sons, and P.W.3 is son-in-law of the deceased. P.Ws.4 to 6 are also residents of the same village. The deceased has agricultural land in an extent of Ac.3-50 cents with bore facility, in Kondampalli village. A1 and A2 also have land adjacent to the land of the deceased. It is stated that on 05.02.2015, while the deceased was attending to agricultural works, he saw both the accused damaging crop in his field and admonished both the accused for causing damage to his crop. An altercation took place between the deceased on one side and A1 and A2 on the other. Immediately, the deceased telephoned his son P.W.1, who went to Ahobilam to attend marriage of relatives. Having received telephone call from the deceased, P.W.1, along with P.W.3, returned to the village and went to the fields. The deceased informed about the altercation between him and the accused. At about 10:00 A.M., on the same day, P.W.1, along with P.W.3 and the deceased, was proceeding by motorcycle to Alagadda Police Station to give a report, and when the motorcycle reached near Kondampalli Thippa, both the accused restrained them. Immediately, A1 beat the deceased on his head with pestle. When P.W.1 went to rescue the deceased, A2 beat him with an iron rod on his head. P.Ws.1 and 3 raised hues and cries. Then both the accused went away from the scene of offence. Immediately, P.Ws.1 and 3 took the injured by auto-rickshaw belonging to PW7, to a private Medical Practitioner, by name, K.V. Subba Reddy at Allagadda Mandal. On the advice given by the said Doctor, the injured and P.W.1 were shifted to Government General Hospital, Kurnool. (ii) At Government General Hospital, P.W.13 treated P.W.1 and issued a wound certificate Ex.P5. P.W.13 opined that the injury received by P.W.1 was simple in nature. While undergoing treatment, the deceased succumbed to the injuries at about 3:00 A.M. on 06.02.2015. After the death of the deceased, P.W.1 went to the Police Station and gave a report at about 7:30 A.M. on 06.02.2015. (iii) P.W.14, S.I. of Police, Allagadda Rural Police Station received Ex.P1-report from P.W.1 and registered a case in crime No.15 of 2015 under Sections 341, 324, 307 and 302 read with 34 I.P.C. He issued copies of F.I.R. to all the concerned. F.I.R. is marked as Ex.P6. Further investigation was taken over by the Inspector of Police, Allagadda, who was examined as P.W.15. (iv) P.W.15, having received copy of F.I.R. from P.W.14, secured the presence of mediators, P.Ws.8 and 9 and proceeded to Government General Hospital, Kurnool. He held inquest over the dead body in the presence of P.Ws.8 and 9. Inquest report is marked as Ex.P7. He secured the presence of P.Ws.1 to 4 and recorded their statements. Thereafter, P.W15 proceeded to the scene of offence situated at Kondampalli fields and prepared a rough sketch Ex.P8. He seized blood-stained stone, M.O.1, at the scene of offence. He prepared an observation report Ex.P9 at the scene of offence. He also recorded statement of Dr.K.V. Subba Reddy, a private Medical Practitioner at Allagadda. But the prosecution did not choose to examine him. P.W.15 sent the dead body for postmortem examination. (v) P.W.12, Assistant Professor, Kurnool Medical College conducted autopsy over the dead body. He opined the cause of death was due to head injury. He issued postmortem certificate Ex.P4. (vi) During the course of investigation, P.W.15 recorded statements of P.Ws.5 to 7 and LW8, Aavula Krishna on 11.02.2015, P.W.15 arrested A1 and A2 at R.Krishnapuram Metta under a panchanama Ex.P2 in the presence of P.W.10. Both the accused said to have confessed about commission of offence. As per the confession, P.W.15 seized M.Os.2 and 3 from their house in the presence of P.Ws.10 and 11, under Ex.P3, panchanama. He sent material objects to RFSL for chemical analysis. After receiving all the documents and after completion of investigation, P.W.15 filed charge sheet. 5. In support of its case, the prosecution examined P.Ws.1 to 15, marked Ex.P1 to P9 and exhibited M.Os.1 to 3. 6. When the accused were examined under Section 313 Cr.P.C., they denied the incriminating evidence appearing against them. 7. Accepting the evidence of P.Ws.1 and 3, the learned Additional Sessions Judge convicted the appellants as aforesaid. 8. Heard Sri T.V. Jaggi Reddy, the learned counsel for the appellants and Sri Marri Venkata Raman, learned Additional Public Prosecutor for respondent-State. 9. We have carefully analysed the entire evidence on record. 10. According to the prosecution, P.Ws.1 and 3, are the eyewitnesses, of whom P.W.1 is the injured witness. According to P.Ws.1 and 3, the incident occurred at about 10:00 A.M. on 05.02.2015, when they, along with the deceased, were proceeding to Allagadda Police Station to give a report against the accused regarding the incident that took place in the early morning. 11. According to P.Ws.1 and 3, on 05.02.2015 morning, when the deceased was attending his agricultural work in the fields, both the accused caused damage to the crop in the fields of the deceased, for which there was an altercation between the deceased and both the accused. Immediately, the deceased telephoned P.W.1, who went to Ahobilam, along with P.W.3, to attend marriage of relatives. Having received call from the deceased, P.Ws.1 and 3 returned to the fields by motorcycle. At that juncture, neither of the accused was in the fields. 12. It is further evidence of P.Ws.1 and 3 that at about 10:00 A.M. when all three of them were going to Allagadda Police Station to give a report, both the accused restrained them near Kondapampalli Thippa. P.Ws.1 and 3, in their evidence, further stated that immediately, A1 beat the deceased on his head with a pestle, and when P.W.1 went to the rescue of the deceased, A2 beat him on his head with an iron rod. Immediately, the deceased fell unconscious, and the accused left the scene of offence. P.Ws.1 and 3, in their evidence, further stated that they initially took the injured to one Dr.K.V. Subba Reddy, a private Medical Practitioner at Allagadda, on whose advice both the injured were shifted to Government General Hospital, Kurnool. 13. Though Police Station and Hospital of Dr. K.V. Subba Reddy, at Allagadda, are side by side, P.W.1 did not choose to give any report on 05.02.2015. According to P.W.1, he did not choose to report to the Police till the next day, though the incident took place at about 10:00 A.M. on 05.02.2015. He gave a report Ex.P1 at Allagadda Police Station at about 7:30 A.M. on 06.02.2015, after the death of the deceased. 14. P.Ws.1, 3, 14 and 15, in their evidence, have categorically admitted that on the report given by A1, a case in crime No.14 of 2015 was registered against the deceased, P.W.1 and P.W.3, at Allagadda Police Station. P.W.14 has categorically admitted in his cross- examination that crime No.14 of 2015 was registered at about 9:30 P.M. on 05.02.2015 under Section 324 and 307 read with 34 IPC against the deceased, P.W.1 and P.W.3. P.W.14, also admitted that on 05.02.2015 at about 7:30 A.M., both A1 and A2 were referred to hospital for treatment, as they received injuries in the hands of the deceased and P.Ws.1 and 3. P.Ws 1 and 3, in their cross-examination, admitted the report given by A1. P.W.1, in his cross-examination, has stated that the outpost Police at Government General Hospital, Kurnool, recorded a statement from the deceased. He also stated that at about 2:30 P.M. on 06.02.2015, C.I. of Police recorded his statement. P.W.3 also admitted, in his cross-examination, that outpost Police at Government General Hospital, Kurnool, recorded statement from the deceased. But both the statements were suppressed by the prosecution and have not come to light. It was also suggested to P.W.1 that at the time of the incident, both A1 and A2 were in the hospital. Of course, said suggestion was denied by P.W.1. 15. Investigating Officers, P.Ws.14 and 15, in their evidence, have categorically admitted that both the accused received injuries in the hands of the deceased, P.Ws.1 and 3. But, curiously, the prosecution witnesses failed to explain as to how the accused received injuries on 05.02.2015. The injuries sustained by the accused were suppressed by the prosecution. Prosecution witnesses, particularly P.Ws.1 and 3, are suppressing the genesis of the incident. 16. Having analysed the evidence, we have no hesitation in concluding that Ex.P1 report was an afterthought, which was given after a considerable delay, with due consultations. 17. So far as P.Ws.2 and 4 to 6 are concerned, they are not eyewitnesses and their evidence is not at all helpful, except to state the fact that the deceased has agricultural land in Kondampalli Village, Allagadda Mandal, Kurnool District. Though P.W.6 claims to be an eye eyewitness, P.Ws.1 and 3 did not refer to his presence, throughout. 18. Though statement of the deceased was recorded by the outpost Police at Government General Hospital, Kurnool, the prosecution deliberately suppressed the same, withholding the dying declaration. Had the prosecution produced statement of the deceased, true facts, would have been revealed. As already pointed out, the prosecution, particularly P.Ws.1 and 3, suppressed the genesis of the incident, and the prosecution also suppressed the fact of the accused receiving injuries in the hands of P.Ws.1, 3 and the deceased, which was the subject matter of crime No.14 of 2015 on the file of the same Police Station. 19. In view of the above facts and circumstances of the case, as the prosecution is not coming up with true version, both the accused are entitled to benefit of doubt. 20. In the result, the Criminal Appeal is hereby allowed. The conviction and sentence imposed against the appellants/accused by the learned III Additional Sessions Judge, Nandyal, Kurnool District, in S.C.No.459 of 2015 dated 23.11.2017 is hereby set aside. The appellants are acquitted of all the charges. Fine amount, if any, paid by the appellants/A1 and A2 shall be refunded to them. As the appellants/accused herein were already enlarged on bail by order dated 28.02.2023 vide I.A.No.1 of 2022, in terms of the orders passed by the composite High Court in Batchu Rangarao and others v. State of A.P.1, they are directed to appear before the concerned for completing the formalities. Consequently, miscellaneous petitions, if any, pending shall stand closed. ________________________ JUSTICE K.SURESH REDDY _______________________________ JUSTICE SUBBA REDDY SATTI Date : 02.09.2025 IKN 1 2016 (3) ALT (Crl.) 505 (DB) (A.P.)