APHC010460722017 SMS IN THE HIGH COURT OF ANDHRA AT AMARAVATI PRADESH FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT honourable SRI JUSTICE K SURESH REDDY AND honourable dr justice Y. LAKSHMANA RAO ^IMINAL APPEAL No.12?« r>f 2017 Appeal under Section 374(2) of Cr.P.C dated 02-08-2017 in SC.No.128 of 2016 District & Sessions Judge, Nellore aggrieved by the Judgment on the file of Hon'ble IV Additional Nellore District. Between: 1- Gunnam Vasanthaiah @ Vasanthulu, Vasanthapuram, Vegur Village of Kovur 2. Gunnam Venkata Subbaiah, Village of Kovur Mandal. S/o.Thathaiah, Occ; Coolie, R/o. Mandal. S/o.Thathaiah, R/o Vasanthapuram, Vegur ■■■Appellant/Accused Nos.1 & 2 The State of Andhra Pradesh, Rep. by its Poblic Prosecutor, High Court Of Andhra Pradesh at Amaravati. AND ...Respondent Smt Aishwarya Nagula, representing on behalf of Sri H Prahalada Reddy Public Prosecutor Counsel for the Petitioners : Counsel for the Respondent ; The Court made the following order: 7 HON'BLE SRI JUSTICE K.SURESH REDDY AND HON'BLE Dr. JUSTICE Y.LAKSHMANA RAO CRIMINAL APPEAL No. 1228 OF 2017 JUDGMENT: (per Hon'ble Sri Justice K.Suresh Reddy) Aggrieved by the conviction and sentence recorded by judgment dated 02-08-2017 in Sessions Case No. 128 of 2016 on the file of the Court of learned IV Additional District and Sessions Judge, Nellore, S.P.S.R. Nellore District (for short, 'the trial Court'), accused Nos. 1 and 2 therein filed the present criminal appeal before this Court. 2. The appellants-accused Nos. 1 and 2 were tried by the trial Court under the following three charges; I charge was under Section 302 read with Section 34 IPC against accused Nos. 1 and 2; II charge was under Section 307 read with Section 34 IPC against accused Nos. 1 and 2; and III charge was under Section 27 of Indian Arms Act, 1959 (for short, '1959 Act'), against accused Nos. 1 and 2. 2 3. Substance of the accused Nos. 1 and 2 along Thumma Nageswara Rao charges is that with child i (hereinafter referred and Thumma Nagarjuna (hereinafter on 05-07-2015 at about 2 p.m. 'n conflict with law attacked to as 'deceased No. as 'deceased No. 2') and in the one 1') referred to with a spear and iron rod process, they also offences punishable *PC and Section 27 of 1959 and caused their death caused injuries to P.Ws.1 same 3nd 10, thereby committed under Sections 302 and 307 read with Section 34 Act. After completion of trial, and 2 and sentenced them and also to the trial Court convicted accused Nos. 1 each to suffer ririgorous imprisonment for life in default to suffer simple pay a fine of Rs.2,000/-, imprisonment for a period of one year, for the offence under Section The trial Court also 302 read with Section 34 IPC. convicted accused Nos. 1 and 2 and sentenced them seven years and also to simple imprisonment for Section 307 each to suffer ririgorous imprisonment for pay a fine of Rs. 1,000/- iin default to suffer a period of six months, for the offence under . acquitted under Section 27 of 1959 Act. Both read with Section 34 IPC. The trial Court accused Nos. 1 and 2 of the charge the substantive sentences were directed to run concurrently. It is brought to the appearing for the appellants- aotioe of this Court by learned accused Nos. 1 and 2 that counsel during pendency 3 of the appeal, the appellant-accused No. 2 died. On the other hand, learned Additional Public Prosecutor has produced the written instructions received from the in-charge Sub Inspector of Police, Kovur Police Station, S.P.S.R. Nellore District, along with death certificate dated 06-08-2024, confirming the death of the appellant-accused No. 2 on 07-08-2023. In the light of the above, the appeal against the appellant-accused No. 2 is dismissed as abated. The present appeal is therefore considered only with regard to the appellant-accused No. 1. Case of the prosecution, as culled out from the evidence of 6. prosecution witnesses, is as follows: Both the accused as well as the material prosecution witnesses are residents of Vegur Village of Kovur Mandal, S.P.S.R. Nellore District. Both the deceased were also residents of the same village. The marriage of P.W.1 was performed with one Amarnath about seven years prior to the date of incident. The husband of P.W.1 developed illicit intimacy with the daughter-in-law of accused No. 2 about one year prior to the date of incident. On 04-07-2015 at about 4 p.m., P.W.1 was returning home after attending coolie work. When P.W.1 reached near the house of accused Nos. 1 and 2, they obstructed her and the daughter-in-law of accused No. 2 beat her with a stick on her back. P.W.1 returned home and narrated the incident to her father-deceased 4 No. 1. On 05-07-2015 at about 2 1 and P.Ws.5 and 6 went to the house pm., P.W.1 along with deceased No. of accused Nos. 1 and 2 to question as to why they beat P.W.1. While they the incident that took place were questioning about on 04-07-2015, accused No. 2 quarrelled with deceased No. 1 and P.W.1. An altercation took place between At that juncture, accused No. 1 went into the house, brought a spear and poked on the left side chest of accused No. 2 and deceased No. 1. deceased No. 1. P.W.1 raised hue and deceased No. 2-brother of P.W.1 and P.W.10 cry. On hearing the cries, came to the scene and also poked deceased spear. Due to fear, P.W.10 away but accused No. 1 chased him and poked on his back with the tried to intervene. Immediately, accused No. 1 No. 2 on the left side of his neck with the ran same spear, due to which he fell down, along with child in conflict with law iron rod. When accused No. 1 also tried to Meanwhile, accused No. 2 came there and beat P.W.10 with an poke P.W.1, she bent her head, due ot which she received bleeding injury on her head. Later P.Ws.1 and 10 were shifted to Government General Hospital, Nellore. On the same day at about 5 p.m.. P.W.1 went to police station and gave a report. P.W.12-the then Sub Inspector of Police received Ex.PI from P.W.1 and registered Kovur Police Station a case in crime No. 142 of 5 2015 under Sections 302 and 307 IPC, He issued copies of FIR to all the concerned. Ex.P22 is FIR. On receipt of information, P.W.11-the then Kovur Circle, took Inspector of Police, up investigation and proceeded to the village. He prepared Ex.P7-A-observation report in the presence of P.W.10 and He also prepared Ex.P13-rough sketch offence. He got the scene photographed under another. at the scene of EXS.P14 to P20. On 06-07-2015. he held inquest over the dead body of deceased No. 1 i the presence of P.W.8 and in another. Ex.PS is inquest report of deceased No. 1. He also held inquest over the dead body of deceased No. 2 in the presence of P.W.8 and another. Ex.P9 is inquest report of deceased No. 2. During the course of inquest, he recorded statements of P.Ws.1 to 4 and 7. He sent the dead bodies of deceased Nos. 1 and 2 for conducting post mortem examination. P.W.13-Civii Assistant Surgeon, Community Health Centre, Kovur, conducted autopsy over the dead body of deceased No. 1 . He opined that the cause of death was due to rupture of left upper lobe and aorta caused by stab injury. He accordingly issued Ex.P24-post mortem certificate of deceased No. 1. He also conducted autopsy over the dead body of deceased No. 2. He opined that the hypovolemic shock due to lteb injury of left side of neck. cause of death was due to He 6 accordingly issued Ex.P25-post mortem certificate of deceased No. 2. He also examined P.W.1 and issued Ex.P23-wound certificate. P.W.9-Casualty Medical Officer, examined P.W.10 and issued Ex.P12-wound certificate. Simhapuri Hospital, Nellore, On 06-07-2015 P.W.11 recorded statement of P.W.10 at Simhapuri Hospital, Nellore. Thereafter, he went to the scene of offence On 09-07-2015, on credible child in conflict with law and recorded statements of P.Ws.5 and 6. information, he arrested both the accused and at Kovur in the presence of P.Ws.8 and 10 under Ex.P10-panchanama. On the confession made by the accused, he recovered M.Os.5 to 9 i the presence of P.Ws.8 and 10 in under Ex.P11-panchanama. forwarded the material objects to Andhra Pradesh He Forensic Science Laboratory, Hyderabad (for short, 'A.P.F.S.L.'), for chemical analysis. Ex.P21 isA.P.F.S.L. Report. After completion of investigation, the was examined as P.W.14, filed charge sheet. successor of P.W.11, who 7. In support of its case, the prosecution examined P.Ws.1 to 14 and got marked Exs.P1 to P25 apart from exhibiting M.Os.1 to 9. 7 When the accused were examined under Section 313 Cr.P.C. 8. they denied the incriminating material appearing against them and reported no oral evidence, however got marked Exs.DI to D3. Accepting the evidence of P.Ws.1 and 10 coupled with the 9. medical evidence of P.Ws.9 and 13 along with Exs.P12 and P23 to P25, the trial Court convicted accused Nos. 1 and 2 as stated supra. Smt. Aishwarya Nagula, learned counsel, representing Sri H.Prahalada Reddy, learned counsel appearing for the appellant- accused No. 1, would contend that it is the prosecution party who went to the house of accused Nos. 1 and 2 and quarrelled with them and accused Nos. 1 and 2 never had any intention to kill the deceased and that it is only P.W.1 and deceased No. 1 came to the house of accused 10. Nos. 1 and 2 and altercated with them and during the course of altercation, on the provocation given by P.W.1 and deceased No. 1, accused No. 1 attacked both the deceased and that therefore there was no intention on the part of accused Nos. 1 and 2 to kill deceased Nos. 1 and 2. Learned counsel would further contend that the evidence of P.Ws.1 and 10 does not inspire confidence and therefore no reliance can be placed on their evidence. Learned counsel therefore prays this Court to allow the appeal by setting aside the conviction and sentence recorded against the appellant-accused No. 1. a 8 11. On the other hand, learned Additional Public Prosecutor appearing for the respondent-State vehemently opposed that the accused caused death of two injuries to P.Ws.1 and 10 and that P.Ws.1 and 10 and that therefore their contending persons apart from causing are injured witnesses presence cannot be disbelieved. He therefore seeks for dismissal of the appeal 12. We have carefully analyzed and scrupulously entire evidence on record. scrutinized the 13. Admittedly, P.Ws.1 and 10 are injured witnesses. P.Ws.9 and 13- Medical Officers categorically deposed about the injuries received by P.Ws.1 and 10. Exs.P23 and P12-wound certificates establish the receipt of injuries by P.Ws.1 and 10 would clinchingly respectively. 14. According to the case of prosecution, motive for accused Nos. 1 and 2 to attack P.W.1 on 04-07-2015 was that husband of P.W.1 had Illegal intimacy with the daughter-in-law of accused No. 2 by Anusha. name The evidence of P.Ws.1 and 10 is crystal clear that on 04-07-2015 between 5 and 6 p.m. while P.W.1 was returning from attending coolie work and when she reached in front of the house of accused Nos. 1 and 2, both of them stopped her and made Anusha to attack P.W.1; that the said Anusha beat P.W.1 accused Nos. 1 and 2; that immediately, P.W.1 returned on the instigation of home and 9 narrated the incident to her father-deceased No. 1; that on the next day i.e. on 05-07-2015 at about 2 p.m., P.W.1 along with deceased No. 1 went to the house of accused Nos. 1 and 2 and questioned them with regard to the previous day's incident; that while they were questioning accused No. 2, accused No. 1, armed with a spear, suddenly came out of the house and poked deceased No. 1 who died on the spot; that hearing the cries of P.W.1, deceased No. 2 came there and accused No. 1 also poked deceased No. 2 with the same spear on his neck who also died on the spot and that accused No. 1 also attacked them with the same spear and they received injuries at the hands of accused No. 1. The evidence of P.Ws.9 and 13 corroborates with the evidence of P.Ws.1 and 10 about they receiving injuries at the hands of accused No. 1. Though P.Ws.2 to 7 did not support the case of prosecution, the evidence of P.Ws,1 and 10, who are injured witnesses, is sufficient to establish that accused No. 1 caused the death of both the deceased and also caused injuries on P.Ws.1 and 10. The prosecution is able to prove the guilt of accused No. 1 15. beyond reasonable doubt with the evidence of P.Ws.1 and 10 coupled with the medical evidence. As such, there are no grounds to interfere with the conviction and sentence recorded against the appellant- accused No. 1 by the trial Court. 10 16. In the result, the criminal conviction and sentence recorded against the appeal is dismissed, confirming the appellant-accused No. 1 by judgment dated 02-08-2017 in Sessions Case No. 128 of 2016 the file of the Court of learned IV Additional District Nellore, S.P.S.R. Nellore District. on and Sessions Judge, As the appellant-accused No. 1 has been released on bail by this Court by order dated 1 of 2022, in terms of the order dated 02-11-2016 Bench of the Composite High Court for the State 14-11-2022 in I.A.No. passed by a Division of Telangana and the state of Andhra Pradesh in Batchu Ranga Rao and others Vs. State of Andhra Pradesh, represented by its Pubiic Prosecutor (Crl.A.M.P.No. 1687 of 2016 in CrI.A.No. 607 of 2011). he is directed to surrender himself before the Superintendent, Central Prison, Nellore S.P.S.R. Nellore District, to serve out the remaining part of sentence, failing which learned IV Additional District and Sessions Judge, Nellore, necessary steps in accordance with law. Pending miscellaneous applications, if any, shall stand dismissed S.P.S.R. Nellore District, shall take in consequence. Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER and Sessions Judge, Nellore, Nellore District. To 1 • The IV Additional District (with records if any) 2. The Superintendent, Central Prison, 3. The Station House Officer 4. Two CCs to the Public I AmaravathifOUT] Nellore, Nellore District. . Kovur Circle Police Station, Nellore District. Prosecutor, High Court of Andhra Pradesh, 5. One CC to Sri H Prahalada Reddy, Advocate [OPUC] 6. The Section Officer, Criminal Section, High Court of Andhra 7. Two CD Copies Pradesh. TK sree HIGH COURT DATED:09/05/2025 ^TOfANoS^ (§ <nuLm s JUDGMENT CRLA No.1228 of 2017 if Curreni Section DISMISSING THE CRIMINAL APPEAL