CASE NO.: Appeal (crl.) 1393 of 2004 PETITIONER: Mallappa Gori Malla Reddy @ Reddy M.R. RESPONDENT: State of Andhra Pradesh DATE OF JUDGMENT: 08/04/2008 BENCH: B.N. AGRAWAL & G.S. SINGHVI JUDGMENT:
JUDGMENT
O R D E R
CRIMINAL APPEAL NO.1393 OF 2004
Heard learned counsel for the parties.
The sole appellant, along with fourteen other accused persons, was tried
and, by judgement rendered by the Trial Court, Parlapalli Chinna Narasimhareddi
[Accused No.6], Mallappagari Chinna Mallareddi alias Usanna [Accused No.7],
Thathireddi Mallesureddi [Accused No.9], Parlapalli Mallareddi [Accused No.10],
Sangati Chennakrishnareddi [Accused No.13] and Gundladurthy Pedda Subbareddi
[Accused No.14] were acquitted, whereas appellant was convicted under Section 302
of the Indian Penal Code, 1860 [hereinafter referred to as `I.P.C.’] and sentenced to
undergo imprisonment for life and to pay fine of Rs.100/-, in default, to undergo
further imprisonment for a period of one month. He was also convicted under
Section 148 I.P.C. and
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Section 25(1B)(a) and Section 27 of the Arms Act and sentenced to undergo rigorous
imprisonment for a period of three years on each count and to pay fine of Rs.100/-
under Sections 25(1B)(a) and 27 of the Arms Act, in default, to undergo further
imprisonment for a period of one month. Thathireddi Sreenivasulreddi [Accused
No.2] was convicted under Section 302/114 I.P.C. and sentenced to undergo
imprisonment for life and was awarded fine of Rs.100/-; in default, to undergo further
imprisonment for a period of one month. Accused No.2 and Mallappagari Mallareddi
[Accused No.3], Sangati Gangireddi [Accused No.4], Pamireddi Venkataramanareddi
[Accused No.5], Gundladurthy Subbareddi [P.W.8], Parlapalli Pedda
Narasimhareddi [P.W.11] and Parlapalli Ramakrishnareddi [P.W.15] were convicted
under Section 148 I.P.C. and sentenced to undergo rigorous imprisonment for a
period of three years. Accused Nos.3,4,5,8,11 and 15 were also convicted under
Section 302/149 I.P.C. and sentenced to undergo imprisonment for life and to pay file
of Rs.100/-; in default, to undergo further imprisonment for a period of one month.
Mallappagari Mallareddi [Accused No.3] and Pamireddi Venkataramanareddi
[Accused No.5] were further convicted under Section 27 of the Arms Act and
sentenced to undergo rigorous imprisonment for a period of three years and to pay
fine of Rs.100/-; in default, to undergo further imprisonment for a period of one
month. Sangati Gangireddi [Accused No.4], Gundladurthy Subbareddi [Accused
No.8], Parlapalli Pedda Narasimhareddi [Accused No.11] and Parlapalli
Ramakrishnareddi [Accused No.15] were further convicted under Section 3 of the
Explosive Substances Act and sentenced to undergo rigorous
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imprisonment for a period of three years and to pay fine of Rs.100/-; in default, to
undergo further imprisonment for a period of one month. All the sentences, however,
were ordered to run concurrently. Trial against Pamireddi Gangireddi @ Mobbodu
[Accused No.12] abated, as the same died during the pendency of the trial. Against
the order of acquittal, no appeal was filed before the High Court, whereas, on appeal
being filed by the eight convicted accused persons, including the appellant, while
other seven accused persons have been acquitted, the convictions of the appellant
have been upheld. Hence, this appeal by special leave. The prosecution case
has been supported by the evidence of four eye witnesses, namely, Sangati Chinna
Veera Reddy [P.W.1], Karnati Gangi Reddy [P.W.2], P. Narayanamma [P.W.3] and
K. Gangi Reddy [P.W.4]. All the aforesaid four witnesses have received injuries and
their evidence is consistent with the first information report. That apart, the
prosecution case has been corroborated by the medical evidence. In our view, the
High Court was quite justified in upholding the conviction of the appellant and no
ground for interference by this Court is made out.
The criminal appeal, accordingly, fails and the same is dismissed.