IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY AND THE HONOURABLE SMT JUSTICE V.SUJATHA CRIMINAL APPEAL NOS: 1478. 1481, 1562. 1667 AND 1752 OF 2017 AND 755, 1071. 1072 & 2342 OF 2018 CRIMINAL APPEAL NO: 1478 OF 2017 APHC010986602017 V Appeal under Section 374(2) of Cr.P.C., against the Judgment of I Additional District and Sessions Judge, West Godavari, Eluru in S.C.No. 203 of 2012 dated 30-10-2017. Between: 1. Laveti Stalinbabu @ Stalin, S/o. Bhaskararao, aged about 25 years, Occ: Auto Driver, R/o. Near Meesala Appanna Temple, 41, Division, Kotha Pet, Eluru. (A-7) 2. Arji Siva Sankar Kumar @ Siva, S/o. Satya, aged about 27 years, Occ: Representative of Coca-Cola Company, Opposite to TATA Cell Tower, Kandrikagudem, Eluru. (A-8) ...Appellants/Accused AND The State of Andhra Pradesh, rep., by Public Prosecutor, High Court of Andhra Pradesh. ...Respondent Counsel for the Petitioner No.1: Sri B V Krishna Reddy Counsel for the Petitioner No.2: Sri T Nagarjuna Reddy Counsel for the Respondent: Public Prosecutor CRIMINAL APPEAL NO: 1481 OF 2017 APHC010964882017 Appeal under Section 374(2) of Cr.P.C., aggrieved by the Common Judgment passed in S.C.No.203/2012 and S.C.No.223/2017 dated: 30.10.2017 by the I Additional District and Sessions Judge, West Godavari District, Eluru. Between: Jagurothula Satyanaryana @ Solution Sathi, S/o. Ramulu, Occ:Jute Mill Worker, Gangula Pet, Ganganamma Temie Street, Kotha Pet, Eluru, W.G. Dist. ...Appellant/Accused No.12 AND state of Andhra Pradesh, thorugh SHO., Eluru-ll Town (L&O) PS W.G.Dist rep. by Public Prosecutor, High Court at Amaravati. ...Respondent/Complainant Counsel for the Petitioner: Sri G L Nageswar Rao Counsel for the Respondent: Public Prosecutor CRIMINAL APPEAL NO: 1562 OF 2017 APHC010962202017 Appeal under Section 374(2) of Cr.P.C., aggrieved by the Judgment dated; 30.10.2017 in SC No. 203 of 2012 on the file of I Additional District & Sessions Judge, West Godavari at Eluru. Between: 1. Barla Krishna, S/o. Ramulu, Hindu, Male, Aged 41 years, R/o. Chodidibba Village, Tangellamudi, Eluru Mandal, West Godavari District. 2. Barla Pydiraju, S/o. Ramana, Hindu, Male, Aged 24 years, R/o. Sriramnagar Colony, 7th Road, Venkatapuram Panchayat, Eluru, West Godavari District. ...Appellants/Accused No.1 and 5 AND State of Andhra Pradesh, Rep. by Public Prosecutor, High court of A.P., Amaravati. ...Respondent Counsel for the Petitioners: Dr Challa Srinivasa Reddy Counsel for the Respondent: Public Prosecutor (AP) CRIMINAL APPEAL NO: 1667 OF 2017 APHC010946492017 Appeal under Section 374(2) of Cr.P.C., against the Judgment dated 30-10-2017 made in S.C.No.203 of 2012 on the file of The I Additional District and Sessions Judge, West Godavari :: Eluru. Between: Rayapalli Someswara Rao @ Somu, S/o Papinaidu, K. Velama, Lavethivari Street, 41 Division, Kotha Pet, Eluru. ...Appellant/AccusedNo.9 AND The State of Andhra Pradesh, Represented by its Public Prosecutor, For the State of Andhra Pradesh. ...Respondent Counsel for the Petitioner: Sri M.Thirumal Rao Counsel for the Respondent: Public Prosecutor CRIMINAL APPEAL NO: 1752 OF 2017 APHC011037592017 Appeal under Section 374(2) of Cr.P.C., against the Judgment dated 30-10-2017 made in S.C.No.203 of 2012 and SC No.223 of 2017 on the file of the I Additional District and Sessions Judge, West Godavari :: Eluru. Between: Kurumilli Dhanunjayarao @ Dhana, S/o. Narasimhulu, 21 years, Near Alekhyamma Temple, Lavetivari Street, Kothapet Eluru, Now Central Prison, Rajamahendravaram C.T. No. 6157 ...Appellant/A-11 AND The State of Andhra Pradesh, Rep by its Inspector of Police, Eluru II Town L & O Police Station, West Godavari District, through Public Prosecutor, High Court Buildings, Amarvati. ...Respondent Counsel for the Petitioner: Sri G Vijaya Saradhi Counsel for the Respondent: Public Prosecutor CmMINAL APPEAL NO: 755 OF 2018 APHC010122112018 Appeal under Section 374(2) of Cr.P.C., aggrieved by the order made in SC No.203/2012 and SC 223/2017 dt 30-10-2017 on the file of the 1st Additional District and Sessions Judge, West Godavari District at Eluru. Between: Botta Durga Rao, S/o B Sambasiva Rao, C.T No.6151, Aged about 25 years. Lorry Tinkering Worker, R/o Srirama Nagar Colony, 7th Road, Venkatapuram Gram Panchayat, Eluru, West Godavari District. ...Accused No.4/Appellant AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court at Amaravati. ...Respondent Counsel for the Petitioner: Smt. Nitta Swarnalatha Counsel for the Respondent: Public Prosecutor CRIMINAL APPEAL NO: 1071 OF 2018 APHC011041262017 Appeal under Section 374(2) of Cr.P.C,, against the Judgment of I Additional District and Sessions Judge, West Godavari, Eluru in SC.No. 203 of 2012 dated 30-10-2017. Between: Pacherla Atcharao @ Atchuth, Auto Driver, AP 37 W 2091 ...Appellant/Accused No.14 AND The State of Andhra Pradesh, represented by its Public Prosecutor, state of Andhra Pradesh, Amaravati. ...Respondent Counsel for the Petitioner: Sri M K Raj Kumar Counsel for the Respondent: Public Prosecutor CRIMINAL APPEAL NO: 1072 OF 2018 APHC011041322017 Appeal under Section 374(2) of Cr.P.C., against the judgment of I Additional District and Sessions Judge, West Godavari, Eluru in SC.No. 203 of 2012 dated 30-10-2017. [, Between: Barla Vijay, S/o. Appa Rao, Yadava, Chodidibba, Near Peda Ramalayam, Eluru. ...Petitioner AND The State of Andhra Pradesh, represented by its Public Prosecutor State of Andhra Pradesh, Amaravati. ...Respondent Counsel for the Petitioner: Sri M K Raj Kumar Counsel for the Respondent: Public Prosecutor CRIMINAL APPEAL NO: 2342 OF 2018 APHC010583552018 Appeal under Section 374(2) of Cr.P.C., against the Conviction and Sentence dated 30-10-2017 in SC No. 203 of 2012 and SC.No. 223 of 2017 on the file of the Court of I Additional District and Sessions Judge West Godavari at Eluru. Between: Kagithala Srinivas Rao @ Srinu @ Athiri @ Athiri Srinu, S/o. Venkanna, Aged about; 28 years, Occ; Business, R/o. RR Pet, Subbama Devi High School Road, Eluru, WG Dist, A.P. ...Appellant/Accused AND r State of Andhra Pradesh, Rep by Public Prosecutor (AP), High Court atAmaravati. ...Respondent/Complainant Counsel for the Petitioner: Sri Ramakrishna Akurathi Counsel for the Respondent: Public Prosecutor The Court made the following Common Order: HON'BLE SRI JUSTICE K.SURESH REDDY AND “ HON'BLE SMT. JUSTICE V.SUJATHA CRIMINAL APPEAL Nos. 1478. 1481. 1562. 1667 & 1752 OF 2017 AND 755. 1071. 1072 & 2342 OF 2018 COMMON JUDGMENT: (per Hon'ble Sri Justice K.Suresh Reddy) Aggrieved by the conviction and sentence recorded by common judgment dated 30-10-2017 in Sessions Case Nos. 203 of 2012 and 223 of 2017 on the file of the Court of learned I Additional District and Sessions Judge, West Godavari District at Eluru (for short, 'the trial Court’), accused Nos. 1 and 5 therein filed Criminal Appeal No. 1562 of 2017, accused No. 3 therein filed Criminal Appeal No. 2342 of 2018, accused No. 4 therein filed Criminal Appeal No. 755 of 2018, accused No. 6 therein filed Criminal Appeal No. 1072 of 2018, accused Nos. 7 and 8 therein filed Criminal Appeal No. 1478 of 2017, accused No. 9 therein filed Criminal Appeal No. 1667 of 207, accused No. 11 therein filed Criminal Appeal No. 1752 of 2017, accused No. 12 therein filed Criminal Appeal No. 1481 of 2017 and accused No. 14 therein filed Criminal Appeal No. 1071 of 2018 before this Court. 2 2. Originally, accused Nos. 1 to 14 were charge sheeted in crime No. 58 of 2008 of Eluru II Town Law & Order Police Station. Initially, the ' case was numbered as Sessions Case No. 203 of 2012 accused Nos. 1 to 14. bailable warrant was issued against him and the against As accused No. 3 was absconding, a non case against him was separated and renumbered as Sessions Case No. 223 of 2017. On 03-08-2017, accused No. 3 was produced before the trial Court execution of the non-bailable warrant. Therefore, both the on cases /.e. 2017 were clubbed together and disposed of by common judgment which is impugned in the present appeals. During pendency of the trial Sessions Case Nos. 203 of 2012 and 223 of accused Nos. 2, 10 and 13 died and therefore the case against them stood abated. 3. Since all these Criminal Appeals arise out of the same crime crime No. 58 of 2008 of Eluru II Town Law & Order Police Station, they are heard together and are being disposed of by way of this judgment. /.e. common 4. Accused Nos. 1, 3 to 12 and 14 were tried by the trial Court under the following charges: I charge was under Section 120-B IPC against accused Nos. 1, 3 to 12 and 14; 3 II charge was under Section 147 IPC against accused Nos. 1, 3 to 12 and 14; III charge w'as under Section 148 IPC against accused Nos. 1, 3 to 12 and 14; IV charge was under Section 302 IPC against accused Nos. 1, 3, 4 and 7; and V charge was under Section 302 read with Section 149 IPC against accused Nos. 5, 6, 8 to 12 and 14. 5. Substance of the charges is that all the accused conspired together to do away with the life of one Chitti Satheesh (hereinafter referred to as 'the deceased') and in furtherance of their common intention, they hacked the deceased with knives on 11-03-2008 at about 1.30 p.m. at Karanamvari Street, Eluru, thereby committed offences punishable under Sections 120-B, 147, 148 and 302 read with Section 149 IPC. 6. After completion of trial, the trial Court convicted the appellants- accused Nos. 1, 3 to 9, 11, 12 and 14 and sentenced them to suffer simple imprisonment for a period of six months for the offence under Section 120-B IPC; ot suffer simple imprisonment for a period of two years for the offence under Section 147 IPC and to suffer simple 4 imprisonment for a period of three 148 IPC. The trial Court also years for the offence under Section convicted the appellants sentenced them to suffer ri -accused Nos. 1 3, 4 and 7 and rigorous imprisonment for life each, and also to pay a fine of Rs. 1,000/- imprisonment for a period of three 302 IPC. The trial Court further in default to suffer months, for the offence under Section convicted the appellants-accused Nos. sentenced them to suffer rigorous - each, in default months, for the offence 5, 6, 8, 9, 11, 12 and 14 and imprisonment for life and also to to suffer imprisonment for under Section 302 pay a fine of Rs. 1,000/ a period of three read with Section 149 ipq Case of the prosecution i All the in brief is thus; accused and the residents of Eluru Town. material The deceased prosecution witnesses are was also resident of the same town. P.W.1 i brother of the deceased the deceased 13-01-2008 at about attempted to kill severe Injuries to him. IS mother, P.w.2 is friend, P.w.4 iIS cousin and P.W.9 iIS respectively. There! and accused Nos. IS previous enrhity between 1 and 3 since long time. On 9.30 pm., the deceased and his associates causing a case In crime'No. 11 of 2008 and his associates for the offences . and 307 read with Section 149 IPC. About 20 accused No. 1 at Tangellamudi In that regard, was registered against the deceased Bridge, Eluru, under Sections 147, 148 5 11-03-2008, accused Nos. 1 to 3 conspired at days prior tQ Mamayyagari Sapota Garden, Tangellamudi, to do away with the life of the deceased. While so, on 11-03-2008 at about 1 p.rn., the deceased attended Court in connection with crime No. 11 of 2008 and at about 1 he left the Court for his house situated near Chepalacheruvu Centre on his Hero Honda Motorcycle bearing registration No. AP 16 U 37. When the deceased reached Alekhyamma Temple Ce'ntre, accused Nos. 3 to 5 and 7 came in an auto and dashed the motorcycle of the deceased from his behind, due to which the deceased fell down from his motorcycle, got up and started running towards Alekhyamma Temple Lane. Accused No. 2 hacked the deceased on his neck with a knife. Even after receiving injury, the deceased started running. At that time, accused No. 3 came in opposite direction and dashed the deceased on his chest with his head. When the deceased fell down, accused No. 3 stabbed him on his left leg and accused No. 5 beat the deceased with a ‘ stick. On noticing the arrival of public and P.W.4 and one Kanchi Muralikrishna Chinnikrishna-L.W.5, all the accused boarded their auto-rickshaw and fled away from the scene of offence along with crime P.W.4 and L.W.5 shifted the injured to Government p.m weapons. Headquarters Hospital, Eluru, in 108-ambulance. 6 At about 2.10 p.m., P.W.16-Head Constable, Police Outpost, Government Headquarters Hospital, Eluru, received Ex.P28-Hospita l Intimation from the hospital. Immediately, he went to casualty ward and recorded a statement from the injured which was marked as Ex.P29. At about 2 p.m., P.W.17-the then Sub Inspector of Police, II Town Law & Order Police Station, Eluru, received telephonic information from public about the attack on the deceased. Immediately, he went to the scene of offence along with his staff. He found the deceased while being shifted into ambulance. He posted two police constables at the scene of offence. He inquired about the accused in the vicinity but he could not trace them. At about 2.45 p.m., he went'to Government Headquarters' Hospital, Eluru, and received Exs.P28 and P29 from ’ P.W.16. Immediately, he went to police station and registered crime No. 58 of 2008 under Section 307 read with Section 34 IPC on the basis of EXS.P28 and P29. a case in He issued copies of FIR to all the concerned. FIR was marked as Ex.P30. After registering the crime, he visited the hospital and recorded a statement from the injured and Later, he visited the first scene of offence and prepared observation report-Ex.P7 in the presence of mediators. P.W.4. an He also prepared a rough sketch-Ex.P31 and got the scene photographed under EXS.P13 to Pi6. He seized M.0.5-one pair of sandals and M.0.6-Hero 1 Honda Splendor Motorcycle belonging to the deceased. He also seized M.Os.1 to 4 at the first scene of offence. Later, he went to the second scene of offence situated near the house of P.W.10. He prepared an observation report-Ex.P8 at the second scene of offence. He seized bloodstained earth and controlled earth-M.0.7 at the second scene of offence. He also prepared a rough sketch-Ex.P32 at the second scene of offence. He also got the second scene photographed under Exs.P17 * to P25. At the scene of offence, he secured the presence of P.Ws.7, 8, 10 and 11 and recorded their statements. While undergoing treatment, the deceased succumbed to injuries on the morning of 13-03-2008. He received Ex.P33-death intimation at about 8 a.m. on 13-03-2008. He altered the Section of law from 307 IPC to 302 IPC and issued altered copies of FIR. Ex.P34 is altered FIR. Further investigation was taken over by P.W.19-the then Inspector of Police, Eluru Town Circle. P.W.19 verified the investigation conducted by P.W:i7 and found He visited Pinnamaneni Siddartha Hospital, it on correct lines. Gannavaram, and held inquest over the dead body of the deceased in the presence of mediators. Inquest report was marked as Ex.P12. He sent the dead body for conducting post mortem examination. P.W.18-the then Assistant Professor, Department of Forensic Medicine, Siddartha Medical College, Gannavaram, conducted autopsy t 8 over the dead body of the He found deceased on 14-03-2008 at about 12 noon. as many as 18 injuries on the opined the cause of death person of the deceased, was due to multiple injuries. ■ He He accordingly issued Ex.P35-posfmorfem certificate. On 19-03-2008 at about 10.30 with mediators-P.W.12 a.m., P.W.19 went to ASRAM Hospital Centre along a m., he took presence of mediators, commission of offence, accused, he College in the and another. At about followers into 11 accused No. 1 and his The accused said custody in the to. have confessed about the On the confession made by the 15 from the bushes arrested recovered M.Os.8 to near M.C.A. presence of mediators, custody. He noticed time of the alleged nt Headquarters Hospital He arrested the accused and remanded them to judicial accused Nos. 1 and 2 attack. He sent sustained injuries at the Nos. 1 and 2 to Governme examination. accused Eluru, for medical P W.15-Civil Assistant examined accused Nos. P27-wound respectively opining that the ini were simple in nature. Surgeon, Government General Hospital, 1 and 2 on 20-03-2008 and issued accused Nos. 1 and 2 accused Nos. 1 and 2 Eluru Exs.P26 and certificates of injuries received by 9 On 27-03-2008 at about 3 p.m., P.W.19 arrested the remaining t of P.W.12 and another at M.R.C. Godowns accused in the presence situated near Railway Station, Eluru. He sent the material objects to Pradesh Forensic Science Laboratory, Hyderabad, for chemical Andhra analysis. F.S.L. Report was marked as Ex.P37. After receipt of all the documents and after completion of investigation, he filed charge sheet. In support of its case, the prosecution examined P.Ws.1 to 20 and got marked Exs.P1 to P40 apart from exhibiting M.Os.1 to 17. When the accused were examined under Section 313 they denied the incriminating material appearing against them and reported no oral evidence, however got marked Exs.DI to D3 on their behalf. Accepting the evidence of prosecution witnesses, the trial convicted the appellants-accused Nos. 1, 3 to 9, 11, 12 and 14 as afore-stated. Heard learned counsel appearing for the appellants and learned Additional Public Prosecutor appearing for the respondent- State. 8. 9. Cr.P.C. . 10. Court 11. 10 12. Learned counsel for the appellants-accused Nos. 1, 3 to 9 11, 12 and 14 would strenuously contend that though dying declaration was recorded by learned Special Judicial I Class Magistrate, Eluru-L.W.27 and there was a reference about the same in the charge sheet, the prosecution withheld the said dying declaration for the reasons best known to it; that P.W.17 in his evidence specifically stated that he also recorded dying declaration from the deceased but the same did not see the light of the day; that the deceased referred to the names of accused Nos. 1 to 6 and one Parasuram and Nageswara Rao in Ex.P29-dying declaration but P.W.19-lnvestigating Officer deleted the names of Parasuram and Nageswara Rao from the charge sheet stating that his investigation did not reveal their participation in the commission of offence and that no reliance can be placed on the dying declaration recorded by P.W.16, which was marked as Ex.P29, since the deceased implicated one Parasuram and Nageswara Rao falsely. Learned counsel would further contend that the evidence of P.Ws.2 to 4 is not consistent with each other; that though P.Ws.3 and 4 claimed to be eyewitnesses, P.W.2 did not refer to their presence at the time of incident and as such, P.Ws.3 11 to' the incident and that the only and 4 are not eyewitnesses evidence available on record is the evidence of P.W.2 which also does not inspire confidence of this Court. It is therefore prayed by learned counsel appearing for the appellants-accused Nos. 1, 3 to and 14 that the conviction and sentence recorded by the 9, 11, 12 trial Court is not sustainable and the same is liable to be set aside. the other hand Learned Additional Public Prosecutor, on 13. vehemently opposed contending that Ex.P29-dying declaration can cannot be brushed aside merely be relied upon and the same the deceased implicated two persons falsely, that the because evidence of P.Ws.2 to 4 disclosed the participation of accused corroborated by Ex.P29 and that the Nos. 1 to 6 which was the evidence of P.W.12 who is a He therefore prosecution is also relying on mediator for arrest and seizure of M.Os.8 to 15. dismiss the appeals by confirming the requests this Court to conviction and sentence recorded by the trial Court. carefully scrutinized the entire evidence on record, the criminal law was set into motion on the declaration-Ex.P29 recorded by P.W.16. In Ex.P29, 14. We have In the case on hand basis of dying 12 the deceased stated that accused Nos. 1 to 6 along with Parasuram and Nageswara Rao came in an auto and dashed his one motorcycle from behind and thereafter, they hacked on his head and other parts of the body, due to which he fell down from the vehicle and that immediately, P.W.4, L.W.5 and local people gathered there and P.W.4 and L.W.5 shifted him to Government Headquarters Hospital, Eluru. Except stating that, no specific overt acts have been attributed to any of the accused. Ex.P29, the deceased did not refer to the names of the other Further, in accused i.e. accused Nos. 7 to 14. Even P.Ws.2 to 4 also did not refer to the names of accused Nos. 7 to 14. As seen from the charge sheet averments, L.W.27 recorded dying declaration but the said dying declaration did not see the light of the day. Further, P.W.17, who initially investigated into the case, in his evidence specifically stated that on the same day, he visited the hospital and recorded statements from the deceased and P.W.4 in part-11 case diary. P.W.17 in his cross-examination admitted that he did not send the dying declaration to the Court and he handed over the same to P.W.19. The said dying declaration also did not see the 13 light of the day. P.W.19-lnvestigating Officer in his examination in chief categorically stated as follows: "Since the participation of Barla Parasuram and Nageswara Rao \ in the incident is not proved in my investigation, I deleted them from the array of accused." As already pointed out, though three dying declarations are available, among which one dying declaration was recorded by learned Special Judicial I Class Magistrate, Eluru-L.W.27, the dying declaration recorded by P.W.16 alone is placed on record. Even in Ex.P29-dying declaration, the deceased falsely implicated one Barla Parasuram and Nageswara Rao which was admitted by P.W.19-lnvestigating Officer. As such, the so called dying declaration-Ex.P29 does not inspire confidence of this Court to place any reliance on it. 15. Coming to the next aspect i.e. the evidence of P.W.2, he categorically stated in his examination in chief as under: 'On 11-03-2008 while I was going by walk from my house to Chepalacheruvu Centre through Bommada Tumu. By the time I reached Alekyamma Gudi Centre, I found the deceased going on 14 motorcycle from my behind and overtook me. After Satish overtook me, one auto came and hit the deceased. In the said auto, Pydi Raju (A-5), Durga Rao (A-4), Stalin (A-7), Athili Srinu (A-3) were sitting. The deceased fell down from his motorcycle soon after he was hit by the auto. Satish gotujp and started running towards Alekyamma Gudi Lane. Ganga (A-2) hacked the , deceased on his neck with a knife. Even after the deceased was hacked, he started running. At that time, A-3 came in the opposite direction and dashed the deceased on his chest with his head. On that Satish fell down. Then A-1 to A-5 came there, A-3 stabbed the deceased on his left leg and beat the deceased with stick, A-5 beat the deceased with stick. Then I telephoned to the Chinni Krishna (L.W.5) and informed him about the incident. Chinni Krishna and others came and shifted the deceased in Jeep to the Government Headguarters Hospital, Eluru. The deceased > later died at Gannavaram Hospital. P.W.2 in his evidence attributed specific overt acts to accused Nos. 2, 3 and 5 alone. P.W.2 specifically admitted that he did not see accused No. 1 at the scene of offence. So far as the evidence of P.Ws.3 and 4 is concerned, P.W.2 in his evidence specifically stated that after witnessing the incident, he telephoned to L.W.5 15 of offence and shifted the Headquarters Hospital, Eluru. As such, the of offence and they established by the prosecution, number of contradictions in the evidence of who arrived immediately to the scene injured to Government of P.Ws.3 and 4 at the scene presence witnessing the incident is not Further, there are P.Ws.2 to 4.. Though as many as 18 injuries were found on the body of the deceased, P.W.2 attributed only three specific overt acts to accused Nos. 2, 3 and 5. When the Investigating Officer- statement of P.W.2 recorded confronted with the P.W.19 was during the course of investigation he stated as under; that accused No. 3 came and with head. P.W.2 omitted to state left leg of the deceased. P. W. 2 "P.W.2 omitted to state before me hit the deceased on his chest before me that A-3 hacked on the stated before me as in Ex. D1." the evidence of P.W.2 is liable the incident. It has also of the trial, accused No. 2 the accused in the said arch rivalry and longstanding enmity In view of the evidence of P.W.19 to be discredited as he did not witness record that during pendency murdered and P.Ws.3 and 4 are murder case. In view of the prosecution party and the accused, there is every come on was between the 16 likelihood of false implication. As already pointed out, nobody referred to the names and participation of accused Nos. 7 to 14 including the deceased. Further, the prosecution could not able to place any material to show the so called conspiracy. So far as the evidence of P.W. 1, mother of the deceased, is concerned, she is not an eyewitness even according to the case of prosecution. 16. Having perused the entire evidence on -record, the oral evidence adduced by P.Ws.2 to 4 and the dying declaration of the deceased-Ex.P29 do not inspire confidence of this Court and as such, the conviction and sentence recorded by the trial Court is not sustainable. In the result, the criminal appeals are allowed setting aside the conviction and sentence recorded against the appellants- 17. accused No$. 1, 3 to 9, 11, 12 and 14 by common judgment dated 30-10-2017 in Sessions Case Nos. 203 of 2012 -and 223 of 2017 on the file of the Court of learned I Additional District and Sessions Judge, West Godavari District at Eluru. The appellants-accused Nos. 1, 3 to 9, 11, 12 and 14 are acquitted of all the charges. As the appellants-accused Nos. 1, 3 to 9, 11, 12 and 14 have been 17 released on bail by this Court, in terms of the order passed by a Division Bench of the Composite High Court for the State of Telangana and the State of Andhra Pradesh in Batchu Ranga Rao and others Vs. State of Andhra Pradesh, represented by its Public Prosecutor (CrI.A.M.P.No. 1687 of 2016 in CrI.A.No. 02-11-2016), they are directed to surrender ‘ 607 of 2011 dated themselves before the concerned jail authorities for completing the Fine amount paid, if any, by the appellants-accused Nos. 1, 3 to 9, 11, 12 and 14 shall be refunded to them. Pending miscellaneous applications, if any, shall stand formalities for their release. disposed of in consequence. Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The I Additional District and Sessions Judge, Eluru, West Godavari District, (with records) 2. The II Additional Judicial Magistrate of I Class; Eluru, West Godavari District, (with records) 3. The Superintendent, Rajahmundry Central Prison, East Godavari District. 4. The Station House Officer, Eluru II Town L & O Police Station, West Godavari District. 5. One CC to Sri B V Krishna Reddy Advocate [OPUC] 6. One CC to Sri T Nagarjuna Reddy Advocate [OPUC] 7. One CC to Sri G L Nageswar Rao Advocate [OPUC] 8. One CC to Dr Challa Srinivasa Reddy Advocate [OPUC] 9. One CC to Sri M.Thirumal Rao Advocate [OPUC] 10. One CC to Sri G Vijaya Saradhi Advocate [OPUC] 11 .One CC to Smt. Nitta Swarnalatha Advocate [OPUC] 12. One CC to Sri M K Raj Kumar Advocate [OPUC] 13. One CC to Sri Ramakrishna Akurathi Advocate [OPUC] 14. Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 15. The Section Officer, Criminal Pradesh at Amaravati. Section, High Court of Andhra 16.Two CD Copies SAM vna HIGH COURT DATED:08/07/2025 COMMON JUDGMENT CRLA Nos: 1478,1481,1562,1667 and 1752 of 2017 and 755,1071, 1072 & 2342 of 2018 ALLOWING THESE CRIMINAL APPEALS