IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY ,THE THIRTIETH DAY OF JANUAR TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY AND THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CRIMINAL APPEAL NO: 858 OF 2017 Appeal under Section 374“ of Cr.P.C against the Judgment of conviction and sentence dated 3Cl4-^016 in S.C. No. 100 of 2014 on the file of the Court of the Judge Family Court-Ill Additional Sessions Judge, Vizianagaram ■'i h Between: Smt Pitta Kanakamma, W/o.Ramulu, C/o. Rukna Venkata Ramana, R/o. Door No. 11-18, Runkana Street, Cheepurupalli Village & Post, Vizianagaram District. “r™- ...APELLANT / COMPLAINANT (mother of deceased) AND 1. The State of AP., rep., by its Public Prosecutor High Court of Andhra Pradesh at Amaravathi. 2. Yelamanchili Balakrishna, S/o. Guruvulu, R/o. B.G.Palem Village, Garividi Mandal, Vizianagaram District. i ;• 4 3. Bandapu Ramana, S/o.Chinappayya, R/o. B.G.Palem Village, Garividi Mandal, Vizianagaram District. 4. Dasari Yenkanna, S/o. Late Ramulu, R/o. B.G.Palem Village, Garividi Mandal, Vizianagaram District. 5. Sabbi Satyanarayana, S/o. Rarnunaidu, R/o. B.G.Palem Village Garividi Mandal, Vizianagaram District. 6. Muddada Laxmi, W/o. Sanyasappadu, R/o. B.G.Palem Village, Garividi Mandal, Vizianagaram District; 7. Padala Appala Naidu, S/o.Bhusaiah, R/o. B.G.Palem Village, Garividi Mandal, Vizianagaram District. j t (The other Respondents are not necessary parties in this appeal) ...RESPOE)ENTS / ACCISED Mp. 1,3,4,10,21 and 26 : SRI. B V RAM NARESH KUMAR Counsel for the Appellant Counsel for the Respondents : PUBLIC PROSECUTOR (AP) Counsel for the Respondents : SMT. T V SRI DEVI The Court made the following ORDER : ( 1 1 KSR, J & TCDS, J CRLA_858_2017 1 APHC010382292017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3517] THURSDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CRIMINAL APPEAL No.858/2017 Between: Smt Pitta Kanakamma, Vizianagaram Dt., ...APELLANT AND The State Of Ap Rep Pp And 6 Otrs and Others ...RESPODENT(S) Counsel for the Apellant: 1. B V RAM NARESH KUMAR 2. LEGAL AID Counsel for the Respodent(S): 1.TVSRI DEVI 2. PUBLIC PROSECUTOR (AP) KSR, J & TCDS, J CRLA_858_2017 2 THE HONOURABLE SRI JUSTICE K SURESH REDDY AND THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CRIMINAL APPEAL No.858/2017 JUDGMENT:- (per Hon’ble Sri Justice T.C.D. Sekhar) 1. Questioning the Judgment of acquittal passed by learned Judge, Family Court-cum-lll Additional Sessions Judge, Vizianagaram (for short, the Trial Court) in Sessions Case No. 100 of 2014, dt.30.04.2016, one Pitta Kanakamma mother of the deceased (LW-33) filed the present Criminal Appeal against Accused Nbs.1,3, 4, 10, 21 and 26. 2. Accused Nos.1, 3, 4, 10, 21 and 26 were tried by the Trial Court under six charges. The first charge was under Section 147 read with. 149 IPC against all the accused. The second charge was under Section 148 read with 149 IPC against all the accused. The third charge was under Section 302 read with 149 IPC against A1 to A4, A10, A21 and A26. The fourth charge was under Section 324 read with 149 IPC against A1, A4, A12, A17, A20 to A24. The fifth charge was under Section 307 read with 149 IPC against A10 and A14. The sixth charge was under KSR, J & TCDS, J CRLA_858_2017 3 Section 323 read with 149 IPC against A5 to A9, All, A13, A15 A17to A20 and A24 toA27. 3. Substance of the charges is that on 25.11.2012 at about 07:00 am, all the accused formed into unlawful assembly and participated in rioting and in furtherance of their common object, they beat PW-1 and also beat one Pitta Ramakrishna (hereinafter referred to as deceased) with sticks and iron rods on his head and body, causing his death, thereby committed offences under Sections 147, 148, 307, 323, 324 and 302 read with 149 IPC. 4. After completion of trial, the accused were found not guilty for the offences charged and accordingly they were acquitted. Aggrieved by the same, LV\/-33 (Pitta Kanakamma), who is mother of the deceased filed the present Criminal Appeal. 5. Case of the prosecution as culled out from the evidence of prosecution witnesses is as follows: All the accused are residents of B.G. Palem Village, Garividi Mandal. A-1 (A. Balakrishna) and LW-29 (Muddada Ramana) were close friends. School Committee election to 6. M.P.P. Elementary School, B.G.Palem was held in November, KSR, J & TCDS, J CRLA_858_2017 4 2011, in which A-1 was unanimously elected as Chairman of the School which was not liked by his friend LW-29. Chairman, A-1 started to show his After becoming supremacy in the Village, thereby differences started between A-1 and LW-29. In view of the same, the Villagers formed into two (02) groups, one headed by A1 and the another headed by LW-29. 7. In the month of February, 2012, A-1 got prepared school name board with the help of Headmaster (LW-17). On 26.02.2012, one Bagu Asirappudu (LW-6) member of LW-29 group touched the school name board and the same was questioned by A-1. On that, altercation took place, in which A-1 beat LW-6 and inflicted injuries. A criminal case vide Crime No.21 of 2012 of Garividi Police Station was registered against A-1 to A-6 under Sections 324 and 323 read with Section 34 I PC. 8. On 23.08.2012, a dispute arose between A-1 group and LW-29 group, in which A-1 group members attacked the group of LVy-29 and in that connection a case in Crime No. 102 of 2012 of Garividi Police Station was registered under Sections 323 and 324 read with Section 34 IPC. I KSR, J & TCDS, J CRLA_858_2017 9. In view of frequent quarrels between the two groups, 107 Cr.P.C. were also booked for maintaining peace and public tranquillity security cases under Section against both groups in the village. In order to compromise between the two (02) groups, the Village elders wanted to hold a meeting on 25.11.2012 in the 10. school building. On the said date, at about 07:00 am, both groups stall beside Cheepurupalli-Rajam Road at each other for the gathered at tea B.G.Palem and started throwing blames on previous disputes, in which both the groups exchanged heated words and pushed each other. Later, all the accused inciuding the rushed to their respective houses situated beside the road and took up deadly weapons like sticks, iong spades, iron deceased rods, stones etc. and formed themselves into unlawful assembly object to attack and kill other group members. In both the groups started attacking each other at with common the said process Naidu Street, B.G. Palem at about 07:30 am. A free fight took place between two groups and in the said attack, the deceased was beaten by A1 with a stick on his head, A-2 and A-3 beat the deceased on his head with iron rod, A-21 beat the deceased on his head with a sharp wooden piece and A-26 beat on his head 1 KSR, J & TCDS, J CRLA_858 2017 Hi 6 With iron rod in front the house of Muddada Pydithalli (LW-19) and caused fatal injuries. A-1 also beat Muddada Nela @ Neelakantam (LW.1) on head and back, Korada Rajeswari (LW- 2) on head and face, Korada Madhavi (LW.3) on head and right hand wrist, Bagu Asirappadu (LW-6) on left leg, Muddada Lakshmi (LW-9) on right shoulder with a stout stick and inflicted injuries. A4 beat Korada Rajeswari (LW-2) with a stick on body, A10 beat Muddada Neela @ Neelakantam (LW-1) on head with an iron rod, A12 beat Muddada Suribabu (LW-4) with stick on left side of head, A-14 beat Muddada Suribabu (LW-4) on head with an iron rod and caused bleeding injuries, A16 beat Vakada Ramarao @ Gollodu (LW-7) with stick on left shoulder, A17 beat Muddada Neela @ Neelakantam (LW-1) on head with stick, A20 beat Muddada Suribabu (LW-4), Vakada Ramarao @ Gollodu (LW-7) with a teak wood stick on their heads, and Bandapu Suryanarayana (LW-8) with stone on hands, A21 also beat Korada Rajeswari (LW-2) on right hand, Korada Madhavi (LW-3) on left hand and Muddada Suribabu (LW-4) on head with a sharp wooden piece. A22 beat Korada Rajeswari (LW-2) with a stick on left shoulder, A23 beat Korada Rajeswari (LW-3) and Korada Madhavi (LW-3) on right leg and right hand respectively with a KSR, J & TCDS, J CRLA_858_2017 7 wooden piece. A24 beat Korada Madhavi (LW-3) and Muddada Lakshmi (LW-9) with a stick on back and left hand fingers respectively with a stick and caused injuries. The other accused pelted stones and caused injuries to LWs 1 to 14. The deceased sustained severe injuries and on the same night, he succumbed to the injuries while undergoing treatment at K.G. Hospital, Visakhapatnam. 11. On 25.11.2012 at about 07:00 am, Sub-Inspector of Police (PW-20) rushed to the Village along with his staff and at that time, some of the injured persons were shifted to CHC Cheepurupalli. He deputed Assistant Sub-Inspector of Police (LW-47) to the Hospital to record statements of the injured persons. On the same day at about 11:15 am, (LW-47) informed him that, he recorded the statements of PW-1. Immediately PW-20 returned to police station and registered a case in Crime No.142 of 2012 under Sections 147, 148, 307, 324 and 323 read with Section 149 IPC and sent copies of FIR to all the concerned. Ex.P-28 is statement of PW-1 and Ex.P-29 is FIR. Thereafter, PW-20 took-up investigation. The injurec^ PW-1 was shifted to Government Head Quarters Hospital, 12. KSR, J & TCDS, J CRLA_858_2017 8 Vizianagaram, for better treatment. He also recorded statements of PWs-1 to 3. He went to B.G.Palem Village and secured mediators LW-36 and LW-37 and drafted scene observation report. Later on the next day, he came to know that the deceased died and LW-47 altered the section of law by incorporating Section 302 through a Memo. Ex.P-30 is altered FIR. PW-20 held inquest over the dead body of the deceased. Ex.P1 is inquest report. Thereafter, PW-20 handed over investigation to PW-21. 13. On 26.11.2012, PW-19 received requisition from PW-20 to conduct post-mortem over the dead body of the deceased. Accordingly, PW-19 conducted autopsy and found external and internal injuries and opined that the cause of death was due to head injury. Later PW-21 took up investigation and arrested A1 and A2 on 27.11.2012, he also arrested A6, A20, A21 and A24 on 28.11.2012 and later during the course of investigation, he also arrested the remaining accused and seized the material objects Mos.1 to 14 and sent the same to RFSL. RFSL report is marked as EX.P43. PWs-16 to 18 issued wound certificates of LWs.1 to 5, which were marked as Exs.P-45 to 49. PW-20 prepared a rough sketch, which is marked as Ex.P-44. After receipt of wound 14. f KSR, J & TCDS, J CRLA 858 2017 9 certificates and post mortem certificate, LW-50 filed a charge sheet against the accused. In support of its case, the prosecution examined 15. PWs-1 to 22 and got marked Exs.P1 to 49 and exhibited Mos.1 to 14. 16. When the accused were examined under Section 313 Cr.PC they denied the incriminating evidence found against them from the prosecution witnesses and reported no evidence. After hearing the matter, the learned Additional 17. Sessions Judge acquitted the accused. 18. Heard Sri B.V.Ram Naresh Kumar, learned counsel for the appellant, Sri Marri Venkata Ramana, learned Additional Public Prosecutor representing the 1®* respondent-State and Smt.T.V. Srivedi, learned counsel for respondent Nos.2 to 7. We have carefully analyzed the entire evidence on 19. record. 20. All the injured witnesses i.e., PWs-1 to 15 turned hostile and they did not attribute any specific overt acts against the accused. PWs-1 to 15 also categorically stated in their i I KSR, J & TCDS, J CRLA_858 2017 10 evidence that the accused are not responsible for the death of the deceased. Therefore, the evidence of PWs-1 to 15 is not helpful to prove the case of prosecution. PWs-16 to 18 are Medical Officers, who treated the injured witnesses and issued wound certificates. On perusal of the evidence of PWs-16 to 18, it is i clear that the injuries are simple in nature and they further deposed that, the injuries could be possible if a person falls on rough surface. Therefore, the evidence of Medical Officers (PWs-16 to 18) is also not helpful to prove the case of prosecution. 21. PW19 - Medical Officer, who conducted autopsy over the dead body of the deceased, opined that the cause of death was due to head injury. Therefore, the evidence of PW-19 is also not helpful to prove the case of prosecution. PW-20 and PW-21 are Police Officers, who investigated the case and arrested the accused. Their evidence is also not helpful to the prosecution. 22. Admittedly, there is no eye witness to the incident. Apart from the same, all the material prosecution witnesses turned hostile and did not support the case of the prosecution. The evidence of official witnesses PWs-16 to 22 is not sufficient to establish the case of prosecution. I KSR, J & TCDS, J CRLA_858 2017 11 23. Further, on a perusal of the evidence adduced by the prosecution, it could not able to establish the role of the accused to prove the injuries sustained by PWs-1 to 15 and also the death of the deceased. Though, PWs-l to 14 received injuries, they did not attribute any specific overt act against the accused. Further as pointed out all the injured witnesses examined as PW-1 to PW-15 did not support the prosecution as such the prosecution is not able to prove the guilty of the accused beyond reasonable doubt. 24. 25. From the above, it is clear that, there is no iota of evidence against the accused and in the absence of any evidence supporting the case of the prosecution, the accused are entitled for acquittal such the judgment passed by the learned Judge, Family Court-cum-lll Additional Sessions Judge, Vizianagaram needs no interference as no illegality has been noticed in the same. In view of the above, there are no grounds to interfere with the Judgment of acquittal dt.30.04.2016 passed in SC No. 100 of 2014, on the file of the Court of Learned Judge, Family Court-cum-lll Additional Sessions Judge, Vizianagaram. Accordingly, the Criminal Appeal is dismissed. 26. . . . KSR, J & TCDS, J CRLA 858 2017 12 As a sequel, pending applications, if any, shall stand closed. SDI- E.KAMESWARA RAQ JOINT REGISTRAR //TRUECOPY// SECfioi^^FFICER To, 1. The Judge Family Court-Ill Additional Sessions Judge, Vizianagaram (with records if any) The First Class Judicial Magistrate, Cheepurupalli The Inspector of Police Cheepurupalli Police Station, Vizianagaram District One CC to Sri B V Ram Naresh Kumar Advocate [OPUC] One CC to Smt. T V Sri Devi Advocate [OPUC] Two CCs to the Public ProsecMor Fligh Court of Andhra Pradesh at Amaravathi [OUT] The Section Officer, Criminal Section, High Court of Andhra Pradesh at Amaravathi THREE CD COPIES 2. 3. 4. 5. 6. 7. 8. psr TAG ; -A V • * HIGH COURT DATED:30/01/2025 ORDER CRLA.No.858 of 2017 1* JUt 2025 m; . Current Section DISMISSING THE CRIMINAL APPEAL