2003 (12 )AIC814 (S.C. ), AIR2004 SC 132 , 2003 (47 ) ACC 1117 , IV (2003 )CCR285 (SC ), 2004 CriLJ390 , 2003 (4 )Crimes375 (SC ), 2003 INSC 548 , JT2003 (Suppl2 )SC474 , 2003 (8 )SCALE677 , (2003 )12 SCC306 , [2003 ]Supp4 SCR756 , ,MANU/SC/0823/2003
Doraiswamy Raju#Arijit Pasayat#230SC2020Judgment/OrderACR#AIC#AIR#Allahabad Criminal Cases#CCR#CriLJ#Crimes#INSC#JT (Suppl)#MANU#SCALE#SCC#SCR(Supp)Arijit Pasayat,SUPREME COURT OF INDIAAbetment#Assault#Co-conspirator#Commission of Offence#Commit Offence#Common Intention#Common Object#Exhortation#Eyewitness#First Information Report#Instigation#Intention to Commit#Life Imprisonment#Miscarriage2012-9-24Participation not always needed,Acts done by several persons in furtherance of common intention,General Explanations,Inaction,Participation not always needed,Acts done by several persons in furtherance of common intention,General Explanations,Indian Penal Code16125,15817 -->
MANU/SC/0823/2003
True Court CopyTM English
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 49 of 2003
Decided On: 15.10.2003
Appellants: Parasa Raja Manikyala Rao and Ors. Vs. Respondent: State of A.P.
Hon'ble Judges/Coram:
Doraiswamy Raju and Dr. Arijit Pasayat JUDGMENT
Arijit Pasayat, J.
1. Three persons including present appellants who were accused Nos. 2 and 3 faced trial by learned. Sessions Judge, Krishna Division at Machilipatnam for allegedly having caused homicidal death of one Parasachinna Ramababu (hereinafter referred to as 'the deceased'). All the accused, persons and the deceased who were closely related were in hostile terms on account of property dispute. The prosecution claimed that the appellants snuffed at deceased's life.
2. Accusations while led to trial of the accused persons are as follows:
There was enmity between the accused and the deceased. Though elder members of the community tried; to settle the dispute there was no permanent solution. On 16.8.1997 accused Parasa Satyanarayana (A-1) removed the stones at the boundary of the disputed land. Parasa Mohan Rao (PW-1) and his sons visited the place and chastised the accused and their father for their undesirable behavior. This led to further animosity. On 19.8.1997, the fateful day, three accused persons along with their father came to the house of PW1 and picked up quarrel. A-1 tried to hack PW1 with a knife. But he warded off the stroke with the stick. Parasa Ghaneswara Rao and Parasa Venkateswara Rao and O Gitchaiah protested and questioned the accused persons about their behavior. Accused persons left the place. Subsequently, at about 10.45 a.m. deceased was returning to his house. As he reached near a shopping complex, all the accused persons in furtherance of their common intention murdered the deceased. Parasa Raja Manikyala Rao-appellant No. 1 (A-2) caught his right hand and Parasa Raja Govind Rajulu-appellant No. 2 (A-3) caught his left hand. The deceased was practically immobilized. Taking advantage of this, Parasa Satyanarayana (A-1) gave various blows on the neck, back and the abdomen with the knife in a gruesome manner and even separated his head from the body. After doing so, A-1 carried the severed head and threw it at some distance. The ghastly attack was witnessed by Parasa Mohana Rao (PW-1), Parasa Veeramma (PW-2), Parasa Yesoda Rao (PW-3) and Parasa Ganeswara Rao (PW-4). Information was lodged at the police station immediately. Investigation was undertaken and subsequently accused persons were arrested. On completio........