, 2009 (2 )ALD(Cri)213 , 2009 (Suppl. ) ACC 802 , III (2009 )CCR250 (SC ), III (2009 )CCR293 (SC ), 2009 CriLJ3447 , 2009 (2 )Crimes470 (SC ), 2009 (3 )ECrN (NULL ) 239 , 2009 /INSC/755 , JT2009 (8 )SC 160 , 2009 (3 )RCR(Criminal)857 , 2009 (7 )SCALE678 , (2009 )6 SCC484 , [2009 ]8 SCR1210 , 2009 (2 )UC1170 , ,MANU/SC/0859/2009
Arijit Pasayat#Mukundakam Sharma#213SC2020Judgment/OrderACR#ALD(Cri)#Allahabad Criminal Cases#CCR#CCR#CriLJ#Crimes#ECrN#INSC#JT#MANU#RCR (Criminal)#SCALE#SCC#SCR#UCArijit Pasayat,SUPREME COURT OF INDIA2012-9-24Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant,Law of Evidence16125,15948,15947,16167,16150,16151,15817,15946 -->
MANU/SC/0859/2009
True Court CopyTM EnglishUC
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 373 of 2008
Decided On: 08.05.2009
Appellants: Vallabhaneni Venkateshwara Rao Vs. Respondent: State of A.P.
Hon'ble Judges/Coram:
Dr. Arijit Pasayat and Mukundakam Sharma JUDGMENT
Arijit Pasayat, J.
1. These two appeals are directed against the common judgment of the Andhra Pradesh High Court. Seven accused persons had filed the appeal before the High Court questioning their conviction for offences punishable under Sections 302 read with Sections 149, 148 of the Indian Penal Code, 1860 (in short the `IPC'). Additionally, A1 appellant in present Criminal Appeal No. 373 of 2008 was convicted for offence punishable under Section 341 IPC. Charge was made against all the accused persons that on 9.10.2002 at about 11.30 a.m. all of them formed an unlawful assembly near the fish tanks of Chevuru village and beat Adusumalli Ranga Rao (hereinafter referred to as the `deceased') with casuarinas sticks and caused his death.
2. The version of the prosecution as put forth is to the effect that all the material witnesses as well as the accused are residents of Chevuru village of Mudinepalli Mandal, Krishna District and there have been ill feelings between the accused and the prosecution witnesses. Accused Nos. 1 and 2 are brothers, 4 and 5 are the sons of A.1 and A.2. A.3 is the cousin and A.6 and A.7 are brothers-in law of A.1. PWs 1 to 6 belong to one group, and the deceased is the brother of PWs 3 and 5. PW.4 is the sister's son of the deceased. On 9-10-2002 PW.1 went to Singarayapalem village to bring a doctor by name B.Satynarayana (LW.2) to attend his maternal grandmother who was suffering from ill-health. While bringing the doctor on his scooter, at that time the deceased was also walking along on the road. When PW.1 crossed Singarayapalem Centre, the deceased stopped his scooter for a lift. Then the deceased was picked up on his scooter and when they reached Chevurupalem Anjaneya Swamy temple, at that time PW.2 was also coming by walk. Since the road repair works were going on, PW.1 asked the doctor (LW2) and the deceased to get down and when he was coming on the road margin along with the scooter and reached the tanks of Dr. Vijay Kumar, by stopping his scooter and was waiting for the arrival of the Doctor (LW2) as well as the deceased, at that point of time all the accused who were holding stout sticks and were proceeding t........