1 of 67 SC 19 of 2023
IN THE COURT OF THE PRINCIPAL SESSIONS JUDGE AT
JAYASHANKAR BHUPALPALLY
Tuesday, the 23rd day of December, 2025
PRESENT: SRI CH. RAMESH BABU,
Principal Sessions Judge,
Jayashankar Bhupalpally.
SESSIONS CASE NO. 19 OF 2023
Crime No.146/2021 of PS., Kataram
1.Name of the Complainant: The State of Telangana, through Sub Divisional Police Officer, Kataram Sub Division.
2.Name of the Accused: A1: Lavudya Mahkalli Nayak @ Mahankali, S/o. Shakeriya @ Sakriya, Aged: 67 Years, Caste: ST Lambada, Occu: Agriculture.
A2:Lavudya Bhaskar Naik @ Bhaskar, S/o. Mankaali Naik @ Mahankali, Aged: 40 Years, Caste: ST Lambada, Occu: Agriculture.
A3: Lavudya Sardhar Naik @ Sarjan, S/o. Mahankali, Aged: 27 Years, Caste: ST Lambada, Occu: Agriculture.
A4:Lavudiya Bapunayak, S/o. Mahkalli Nayak, Aged: 35 Years, Caste: ST Lambada, Occu: Agriculture, R/o. H.No. 6-14, Gangaram Village of Kataram Mandal.
A5:Lavudiya Kaushallya, W/o. Mahkallinayak @ Mahankali, Aged: 58 Years, Caste: ST Lambada, R/o. H.No. 6-14, Gangaram Village of Kataram Mandal.
2 of 67 SC 19 of 2023
A6: Lavidya Saraiah, S/o. Sammaiah, Aged: 38 Years, Caste: ST Lambada, R/o. H.No. 6-4, Gangaram Village of Kataram Mandal.
A7: Lavudiya @ Lavudya Bapu Naik, S/o. Sammaiah, Aged: 38 Years, Caste: ST Lambada, Occu: Agriculture,
A8:Lavudaya@Lavudya Sammaiah, S/o. Ramja @ Ramjya Naik, Aged: 30 Years, Caste: ST Lambada, Occu: Agriculture,
A9: Ajmera Raj Kumar, S/o. Ramji Nayak, Aged: 25 Years, Caste: ST Lambada, R/o. Peddakuntapalli Village of Bhupalpally Town, now at Gangaram Village of Kataram Mandal.
3.Offence with which Charged: Under Section 143, 148, 447, 307, 302 r/w 149 of Indian Penal Code, 1860.
4.Plea of the Accused: Pleaded not guilty.
5.Finding of the Court: Found guilty.
: The Accused No.1 to 9 are found
6.Sentence or Order not guilty for the offence punishable under Section 307 of Indian Penal Code, 1860.
The Accused No.1 is found guilty for the offence punishable under Section 302 of Indian Penal Code, 1860 for killing Lavudya Saraiah Naik (Deceased No.2). The Accused No.3 is found guilty for the offence 3 of 67 SC 19 of 2023 punishable under Section 302 of Indian Penal Code, 1860 for killing Lavudya Manjya Naik (Deceased No.1). The Accused No.8 is found guilty for the offence punishable under Section 302 of Indian Penal Code, 1860 for killing Lavudya Bhaskar Naik (Deceased No.3). The Accused No.1 to 9 are found guilty for the offence punishable under Section 143, of Indian Penal Code, 1860. The Accused No.1 to 9 are found guilty for the offence punishable under Section 148 of Indian Penal Code, 1860. The Accused No.1 to 9 are found guilty for the offence punishable under Section 447 of Indian Penal Code, 1860. The Accused No.1 to 9 are found guilty for the offence punishable under Section 302 r/w 149 of Indian Penal Code, 1860. The Accused No.1 to 4 are found guilty for the offence punishable under Section 326 of Indian Penal Code, 1860 for causing grievous hurt to PW1. The Accused No.5 is found guilty for the offence punishable under Section 326 of Indian Penal Code, 1860 for causing grievous hurt to PW2.
The Accused No.1 is sentenced to undergo life imprisonment and liable to pay fine of Rs.1,000/- (Rupees One Thousand Only) for the offence under Section 302 of 4 of 67 SC 19 of 2023
Indian Penal Code, 1860 for killing Lavudya Saraiah Naik (Deceased No.2). In default of payment of fine amount, he shall undergo Simple Imprisonment for (1) ONE Year.
Further, the Accused No.3 is sentenced to undergo life imprisonment and liable to pay fine of Rs.1,000/- (Rupees One Thousand Only) for the offence under Section 302 of Indian Penal Code, 1860 for killing Lavudya Manjya Naik (Deceased No.1). In default of payment of fine amount, heshallundergoSimple Imprisonment for (1) ONE Year.
Further, the Accused No.8 is sentenced to undergo life imprisonment and liable to pay fine of Rs.1,000/- (Rupees One Thousand Only) for the offence under Section 302 of Indian Penal Code, 1860 for killing Lavudya Bhaskar Naik (Deceased No.3). In default of payment of fine amount, heshallundergoSimple Imprisonment for (1) ONE Year.
Further, the Accused No.1 to 9 are sentenced to undergo Rigorous Imprisonment for (6) SIX Months and imposed to pay fine of Rs.500/- (Rupees Five Hundred Only) each for the offence under 5 of 67 SC 19 of 2023
Section 143 of Indian Penal Code, 1860. In default of payment of fine amount, they shall undergo Simple Imprisonment for (1) ONE Month.
Further, the Accused No.1 to 9 are sentenced to undergo Rigorous Imprisonment for (3) Three Years and imposed to pay fine of Rs.500/- (Rupees Five Hundred Only) each for the offence under Section 148 of Indian Penal Code, 1860. In default of payment of fine amount, they shall undergo Simple Imprisonment for (6) Six Months.
Further, the Accused No.1 to 9 are sentenced to undergo Rigorous Imprisonment for (3) Three Months and imposed to pay fine of Rs.500/- (Rupees Five Hundred Only) each for the offence under Section 447 of Indian Penal Code, 1860. In default of payment of fine amount, they shall undergo Simple Imprisonment for (1) One Month.
Further, the Accused No.1 to 9 are sentenced to undergo life imprisonment and imposed to pay fine of Rs.1,000/- (Rupees One Thousand Only) each for the offence under Section 302 r/w 149 of Indian Penal Code, 1860. In default of payment of fine amount, 6 of 67 SC 19 of 2023 they shall undergo Simple Imprisonment for (1) One Year.
Further, the Accused No.1 to 4 are sentenced to undergo Rigorous Imprisonment for (3) THREE Years and imposed to pay fine of Rs.1,000/- (Rupees One Thousand Only) each for the offence under Section 326 of Indian Penal Code, 1860, for beating PW1. In default of payment of fine amount, they shall undergo Simple Imprisonment for (6) SIX months.
Further, the Accused No.5 is sentenced to undergo Rigorous Imprisonment for (3) THREE Years and imposed to pay fine of Rs.1,000/- (Rupees One Thousand Only) for the offence under Section 326 of Indian Penal Code, 1860, for beating PW2. In default of payment of fine amount, they shall undergo Simple Imprisonment for (6) SIX months.
All the sentences shall run concurrently.
The Accused No.1, 3 & 8 have to pay fine amount of Rs.4,500/- (Rupees Forty Five Hundred Only) each. The Accused No.2, 4 to 7 & 9 have to pay fine amount of 7 of 67 SC 19 of 2023
Rs.3,500/- (Rupees Thirty Five Hundred Only) each.
Theremandperiod undergone by the accused No.1 to 9, if any, shall set off under Section 428 CrPC.
The MO.1 to MO.8, MO.11 to MO.41 shall be destroyed after expiry of appeal time.
The MO.9 i.e., Motorcycle bearing No. AP 15 P 1318 and MO.10 i.e., Motorcycle bearing No. TS 25 A 9823 shall be confiscated to the State.
This Judgment copy is supplied with free of cost to Accused No.1 to 9.
The accused No.1 to 9 are informed of their right to file appeal against this Judgment
before the Hon’ble High Court for
the State of Telangana at Hyderabad. The accused No.1 to 9 are also informed of their right to Free Legal Aid, if they do not have means to file an Appeal in the
Hon’ble High Court for the State of
Telangana at Hyderabad.
:Sri A. Srinivas,
7.Name of the Prosecution CounselPublic Prosecutor 8 of 67 SC 19 of 2023 :Sri R. Chandrashekar,
8.Name of the Defence Counsel Counsel for Accused No.1 to 3. Sri A. Ramesh Babu, Counsel for Accused No.4. Sri V. Sravan Rao, Counsel for Accused No.5 to 9.
This case is coming before me on 04.12.2025 this day for final disposal before me in the presence of both the counsel on record; upon hearing from both sides and upon considering the material evidence available on record and having stood over for consideration till this day, this Court delivered the following:
J U D G M E N T
The Sub Divisional Police Officer, Kataram filed charge sheet in
Cr.No. 146/2021 of PS., Kataram contending that on 19.06.2021 at about 01:00 PM PW1 came to the police station and lodged a complaint stating that on 19.06.2021 at about 09:30 AM PW1, his father Manjya
Naik (Deceased No.1), his brother Saraiah (Deceased No.2), another brother Bhaskar (Deceased No.3), PW2 and PW6 went to their land in
Sy.No. 365 situated at Gangaram Village. While they were firing the cotton crop sticks, meantime his brother Bhaskar (Deceased No.3) was plowing with the tractor. At about 11:00 AM accused No.1 to 5 came to their lands and claimed that the said land belongs to them and why they were plowing their land and poured chilli powder on PW1 and his family members and attacked on them with hands and sticks. Accused No.1 hacked deceased No.2 with Axe on his neck and cheek. Accused No.3 9 of 67 SC 19 of 2023 hacked the deceased No.1 with Axe. Accused No.1, 2 & 4 poured chilli powder on PW1 and attacked with sticks and beat him on his head, hands and pushed into flames. Accused No.5 beat PW2 with sticks on her hand. Immediately, Accused No.6 to 9 attacked on deceased No.3 and sprinkled chilli powder, then three persons caught hold the deceased No.3, Accused No.8 hacked the deceased No.3 by attacking with Axe on his neck and PW1 has requested the police to take necessary action as all the accused criminally trespassed into their land with Axes, sticks, chilli powder with a common object to kill them and murdered deceased No.1 to 3 and also tried to kill PW1 & PW2.
2.Basing on the contents of complaint, PW25 registered a case in
Cr.No. 146/2021 under Sections 143, 148, 447, 307, 302 r/w 149 of
Indian Penal Code, 1860 and issued express FIR. PW27 received the express FIR and he took up the investigation and rushed to the scene of offence and shifted the dead bodies to mortuary room due to law and order problem. Further, PW27 secured the presence of PW13 & PW24 and prepared scene of offence panchanama and seized blood stained earth of deceased No.1 to 3 in the presence of PW13 & PW24.
10 of 67 SC 19 of 2023
3.PW27 further averred that he along with PW13, PW24, PW22 &
PW19 rushed to the mortuary room of Community Health Center,
Mahadevpur. PW27 got photographed the dead body of deceased No.1 with the help of PW5. PW27 conducted inquest over the dead body of the deceased No.1 (Manjya Naik) in the presence of PW13 & PW24.
During the inquest, PW27 seized the blood stained clothes of deceased
No.1 (Manjya Naik) and also examined PW1 to PW5 and recorded their statements. PW27 instructed PW22 to conduct inquest over the dead body of deceased No.2 (Saraiah) in the presence of PW10 & Lavudya
Balu Naik (LW18) and photographed the dead body of the deceased
No.2 with the help of PW5. During the inquest over the dead body of the deceased No.2 (Saraiah), PW22 seized the blood stained clothes of deceased No.2 (Saraiah). PW27 also instructed PW19 to conduct inquest over the dead body of deceased No.3 (Bhaskar). Accordingly, PW19 conducted inquest over the dead body of deceased No.3 in the presence of PW14 and Kandhikonda Karthik (LW20) and photographed the dead body of deceased No.3 with the help of PW5. PW19 also seized the blood stained clothes of deceased No.3 and PW22 & PW19 handed over the original inquest reports of deceased No.2 & 3 to the PW27. PW27 requested the PW18, PW26 & PW17 to conduct Autopsy over the deceased No.1 to 3. Accordingly, PW18 conducted postmortem examination over the dead body of deceased No.1 (Manjya Naik) and 11 of 67 SC 19 of 2023
PW26 conducted postmortem examination over the dead body of deceased No.2 (Saraiah) and PW17 conducted postmortem examination over the dead body of deceased No.3 (Bhaskar). PW27 also referred
PW1 & PW2 to Community Health Center, Mahadevpur for medical treatment and PW18 treated PW1 and PW21 examined PW2. PW27 collected photographs from PW5 and obtained Section 65-B certificate.
4.It is further mentioned in the charge sheet that on 20.06.2021
PW27 again visited the Gangaram Village and summoned PW6 to PW9 and examined and recorded their statements.
5.PW27 further averred in the charge sheet that on 21.06.2021 at about 09:00 AM PW27 apprehended the accused No.1 to 3, 7 & 8 at
Forest Department Timber Depot situated at the outskirts of
Mahadevpur Village while they were coming from Kaleshwaram on two bikes and Accused No.1 to 3 having injuries on their bodies and when they were about to confess, PW27 secured the presence of PW15 and
Darra Thirupathi (LW21) and recorded the confession statements of
Accused No.1 to 3, 7 & 8. PW27 seized the Motorcycle bearing No. AP 15 P 1318 from Accused No.2. PW27 also seized Motorcycle bearing No.
12 of 67 SC 19 of 2023
TS 25 A 9823 from Accused No.3 and also seized Accused No.8 blood stained pant. In pursuance of the confession of the Accused No.1 to 3,
PW27 seized blood stained clothes which were worn by Accused No.1 to 3 at the time of offence. In pursuance of the confession of Accused
No.1 to 3, 7 & 8, PW27 proceeded to the outskirts of Danwada and seized three Axes, one stick in the presence of panch witnesses and seized the same under the cover of photography with the help of
Thurpati Mahesh (LW10). After completion of confession and seizure panchanama, the Accused No.1 to 3, 7 & 8 were arrested and produced
before the Court.
6.PW27 further averred that he examined and recorded the evidence of Thurpati Mahesh and collected photographs and collection
Section 65-B of Indian Evidence Act Certificate.
7.PW27 further averred that on 22.06.2021 at about 08:00 AM he apprehended Accused No.4 to 6 & 9 at Nagulamma Temple outskirts of
Koyyur Village and secured the presence of PW16 and Janagama
Veeraswamy (LW24) and recorded their confession. PW27 seized three sticks and the confession and recovery panchanama was photographed with the help of Thurpati Mahesh (LW10). PW27 noticed bleeding injury 13 of 67 SC 19 of 2023 over left hand of Accused No.5 and arrested the Accused No.4 to 6 & 9 and produced before the Court and also examined Thurpati Mahesh (LW10) and collected 65-B Certificate from Thurpati Mahesh. PW27 also examined and recorded the statements of PW10 & PW11.
8.PW27 averred that he submitted a requisition to Tahsildar,
Kataram to obtain the land enquiry report. Accordingly, PW20 furnished the report. PW27 submitted a requisition on 04.08.2021 to the Judicial Magistrate of First Class, Manthani for recording 164 CrPC statements of PW1, PW2 & PW6. PW27 further averred that he prepared letter of advice and obtained Authorization letter from
Superintendent of Police, Bhupalpally vide 14/C1/DCRB-JSB/2021
Dt: 28.06.2021 and deposited the seized material objects at FSL,
Hyderabad for chemical examination and DNA profile test and report vide SFSL(TS)/5642/SER/1263/21 Dt: 30.06.2021. On 16.08.2021 PW27 prepared letter of advice and obtained Authorization letter from
Superintendent of Police, Bhupalpally vide C.No. 18/C1/DCRB-JSB/2021
Dt: 13.08.2021 and deposited the missed item No.14 at FSL, Hyderabad
for chemical examination and DNA profile test report vide
SFSL(TS)/7183/SER/1601/21 Dt: 16.08.2021. On 01.12.2021 PW27 collected FSL report along with case property vide SER/1263/2021
Dt: 16.11.2021 of FSL, Hyderabad. On 02.09.2021 PW27 collected
14 of 67 SC 19 of 2023 medical certificate of PW2 from PW21 which shows that PW2 sustained grievous injuries. PW27 also collected medical certificates of Accused
No.1 to 3 on 17.09.2021 from PW18. On 18.09.2021 PW27 collected medical certificate of PW1 from PW18. On 05.10.2021 PW27 summoned the original owners of vehicle bearing No. AP 15 P 1318 & TS 25 A 9823 and recorded their statements. PW27 also collected previous crime history of accused and found Accused No.6 & 7 involved in
Cr.No. 02/2012 under Sections 465, 468, 471 of Indian Penal Code, 1860 of PS., Manthani and on 18.12.2019 the Accused No.6 & 7 convicted with one year simple imprisonment and fine of Rs.1,000/- each vide
CC.No. 161/2012 on the file of Additional Judicial Magistrate of First
Class, Manthani. The Accused No.1 to 5 involved in Cr.No. 4/2009 under
Section 324 r/w 149 of Indian Penal Code, 1860 of PS., Kataram which was acquitted on 10.01.2018 vide CC.No. 345/2009 on the file of
Additional Judicial Magistrate of First Class, Manthani. The Accused
No.1 to 5 also involved in Cr.No. 69/2009 under Sections 290, 323, 309, 353, 506 r/w 34 of Indian Penal Code, 1860 of PS., Kataram which was convicted with Rs.200/- each. On completion of the investigation and collection of material documents, filed charge sheet against the accused for the offences under Sections 143, 148, 447, 307, 302 r/w 149 of
Indian Penal Code, 1860.
15 of 67 SC 19 of 2023
9.The learned Additional Judicial Magistrate of First Class, Manthani taken cognizance for the offences under Sections 143, 148, 447, 307, 302 r/w 149 of Indian Penal Code, 1860 against Accused No.1 to 9 and registered as PRC.No. 03/2022. During the bifurcation of the judicial districts, PRC.No. 03/2022 is transferred to Additional Judicial
Magistrate of First Class, Jayashankar Bhupalpally which was
re-numbered as PRC.No. 86/2022 and committed the case to the Court of Sessions vide its committal order Dt: 23.11.2022. The District &
Sessions Judge, Bhupalpally registered it as SC.No. 19/2023. On hearing
the accused, charge under Sections 143, 148, 447, 307, 302 r/w 149 of
Indian Penal Code, 1860 were framed against the Accused No.1 to 9.
The same was explained to them. They denied the offences and claimed to be tried.
10.In proof of the case of the prosecution, PW1 to PW27 were examined, Ex.P1 to P76 and MO.1 to MO.41 were marked. On behalf of accused, Ex.D1 was marked. The accused No.1 to 9 were examined under Section 313 CrPC. They denied the offences and reported no defence evidence.
16 of 67 SC 19 of 2023
11.Heard the arguments of learned Public Prosecutor and learned counsel for Accused No.1 to 9. Perused the record.
12.Now the point for determination is:
Whether the prosecution has proved the case against the
accused No.1 to 9 for the offences under Sections 143, 148, 447, 307,
302 r/w 149 of Indian Penal Code, 1860 ?
13.POINT:
The case of the prosecution is that the deceased No.1 (Manjya
Naik) family and accused No.1 family are having civil dispute in respect of the agriculture land in Sy.No. 365 where the offence took place. The several civil and criminal cases were filed against each other. Due to land disputes Accused No.1 to 9 criminally trespassed into the lands of the deceased No.1 (Manjya Naik) and family with Axes, sticks, chilli powder with a common object to kill the deceased No.1 (Manjya Naik) and his family. As per their complaint, Accused No.1 to 9 attacked on them and Accused No.3 hacked the deceased No.1 (Manjya Naik) with
Axe. Accused No.1 hacked deceased No.2 (Saraiah) with Axe on neck and cheek. Accused No.1, 2 & 4 poured chilli powder on PW1 and beat on head, hands and pushed into the flame. Accused No.5 beat PW2 with 17 of 67 SC 19 of 2023 stick and three persons caught hold the deceased No.3 (Bhaskar) and
Accused No.8 hacked deceased No.3. The said incident was also witnessed by PW6 and PW1 gave complaint to the police.
14.In proof of the case of the prosecution, the complainant was examined as PW1. He stated that PW3 is her mother. PW2 is the wife of deceased No.3. PW4 is the wife of deceased No.2. PW6 is the son of deceased No.3 and Accused No.1 to 9 are their agnates. PW1 stated that on 19.06.2021 PW1 along with his father Mangya Naik (Deceased
No.1) and PW1’s brother Saraiah (Deceased No.2) and Bhaskar (Deceased No.3), PW2 & PW6 went to their agriculture fields and collecting the wastage of left over cotton and his younger brother
Bhaskar Naik (Deceased No.3) was plugging with tractor. At about 11:00
AM Accused No.1 to 9 came to their agriculture fields and quarrelled with them and beat deceased No.1 (Manjya Naik) and Accused No.1 hacked his brother with Axe. Accused No.4 & 6 beat his brother with sticks. Accused No.8 & 9 killed his brother with Axe. Accused No.2 & 7 and others attacked on PW2, for which she sustained fracture of two hands. They also attacked on PW1 and caused fracture to right hand and right leg. PW1 stated that his father and two brothers died on the spot. PW1 & PW6 escaped from the clutches and went to PS., Kataram 18 of 67 SC 19 of 2023 and PW1 went to hospital and took treatment. PW1 further stated that two days prior to the incident accused hatched a plan and conducted recce to kill them and to grab their land. PW1 stated that all accused brutally attacked on them, for which they left their village due to life threat from the accused.
15.PW2, who is the injured and wife of deceased No.3, stated that on 19.06.2021 PW2, PW1 and her husband Bhaskar (Deceased No.3), her son PW6 and deceased No.2 (Saraiah) and deceased No.1 (Manjya Naik) went to their agriculture fields along with tractor. They collected the waste cotton and lit fire. By that time accused No.1 came to their agriculture fields and questioned why they are cultivating in their land.
Accused No.2 to 9 joined Accused No.1 and all the accused poured chilli powder on them and beat them with sticks. PW2 stated that Accused
No.5 beat her with stick on her left and right hand. Accused No.3 hacked her father-in-law on his neck. Accused No.1 hacked deceased
No.2 on his neck and cheek. Accused No.1 to 4 beat PW1 with stick and thrown him on the fire. Accused No.6 to 9 hacked PW2’s husband (Deceased No.3) on his neck. PW2 state that police came to the scene at about 01:00 PM and sent her to hospital. She proceeded to Meda
Hospital, Bhupalpally. PW1 gave complaint to the police. PW6 also 19 of 67 SC 19 of 2023 proceeded to police station and brought the police. She made a call to her mother-in-law through cell phone of deceased No.2 (Saraiah) about the incident. PW2 further stated that Accused tried to kill PW6 also.
16.PW3 is the wife wife of deceased No.1 (Manjya Naik). She stated that PW2 informed to her that Accused No.3 hacked the deceased No.1 (Manjya Naik) and Accused No.1 hacked Saraiah (Deceased No.2).
Accused No.6 to 9 hacked deceased No.3 (Bhaskar). PW3 further stated that PW1 was beaten by Accused No.1, 5 & 8 and thrown him into the fire. PW3 stated that PW2 & PW6 also present at the scene. PW3 stated that accused also beat PW2. She sustained fracture of both hands. PW3 stated that accused killed the deceased with a motive that they are claiming their land. PW3 stated that PW2 made a call to PW3 through phone and narrated about the incident. Immediately, she rushed to the scene and witnessed the dead body of deceased No.1 to
3. PW1 came to Kataram. PW6 approached the Koyyur police station.
17.PW4, who is the wife of deceased No.2, stated that her husband died on 19.06.2021. On that date of death of deceased No.2 (Saraiah), he proceeded to their agriculture fields. PW2 informed that all the accused attacked on them and killed deceased No.2 (Saraiah).
20 of 67 SC 19 of 2023
Immediately, she rushed to the scene and observed the dead bodies of her husband, father-in-law and Bhaskar. Police shifted the dead bodies to the hospital. PW2 informed to PW4 that all the accused beat them and Accused No.1 attacked Saraiah (Deceased No.2) and informed that
Accused No.3 beat her father-in-law Bhaskar (Deceased No.3). PW4 stated that PW2 informed that Accused No.2 to 6 beat Bhaskar and PW1 sustained injuries and PW6 went to police station. PW2 also sustained injuries on both hands.
18.PW5, who is the photographer, stated that as pe the directions of the police, he visited the scene of offence, where he taken the photographs of dead bodies of the deceased and also took the photographs of the dead bodies of deceased No.1 to 3 in the hospital and he handed over the photographs and CD to the police.
19.PW6, who is the direct witness to the incident and son of deceased No.3, stated that on 19.06.2021 at about 09:00 AM PW6, PW2,
Bhaskar (Deceased No.3) and Saraiah (Deceased No.2), PW1 and Manjya
Naik (Deceased No.1) went to their agriculture fields at Gangaram
Village. While PW6 father (Deceased No.3) was plugging the agriculture fields with tractor and others were collecting the cotton waste and lit 21 of 67 SC 19 of 2023 fire. At that time, Accused No.1 to 9 came to the agriculture fields and claimed that the agriculture fields are belongs to them. PW6 stated that Accused No.3 hacked the grandfather (Deceased No.1) and Accused
No.6 to 9 thrown the deceased No.3 on the agriculture fields and
Accused No.8 hacked his father (Deceased No.3). PW6 further stated that Accused No.1 hacked deceased No.2 with Axe. Accused No.5 beat his mother with a stick. Accused No.1 to 5 beat PW1 and thrown in the fire. Accused No.5 poured chilli powder on them. PW6 further stated that PW1 escaped from the clutches of the accused and proceeded to
Kataram police station and PW6 also ran from the scene with a fear to the house and police came to their house and took PW6 to the scene.
20.PW7, who is the independent witness, stated that he know the accused No.1 to 9 and deceased Saraiah, Mangya Naik and Bhaskar and he also know PW1 to PW4 and others. About 4 years back at about 11:00 AM or 11:30 AM PW7, Bandi Bapu, Mulkala Thirupathi were staying at Gangaram Chowrasta. They came to know about the death of deceased No.1 to 3 and proceeded to scene of offence and noticed the dead bodies of deceased No.1 & 3 and deceased No.2 was gasping and struggling for life. When they tried to shift him to hospital, he died.
22 of 67 SC 19 of 2023
21.PW8, who is the independent witness, stated that on the date of death of the deceased, he was proceeding to the cross roads from his village, where he came to know about the death of the deceased.
Immediately, he rushed to the scene and found three persons died and he found one lady and Devender Reddy at the scene.
22.PW9, who is the independent witness stated that on the date of death of the deceased, he was proceeding to engage tractor.
Meanwhile, their Sarpanch Devender Reddy met him and informed that deceased were died. Immediately, they rushed to the scene and observed that two persons died and on person struggling for life and within few minutes the third person also died. The wife of deceased
No.3 also present at the scene.
23.PW10, who is the independent witness, stated that panchayaths took place about 4 or 5 times between the accused family and deceased family in respect of agriculture land. PW10 attended for the said panchayaths. On the date of incident, he was attending to the agriculture work by using his tractor which is 3 Km away from the scene of offence. Meanwhile, his friend Balaji made a telephone call about the dispute between the accused and deceased. Immediately, he rushed to 23 of 67 SC 19 of 2023 the scene and observed that several persons were gathered at the scene. He also observed the dead bodies of the deceased.
24.PW11 stated that on the date of death of the deceased, her brother died by fell in well. PW11 stated that his elder son used to cultivate the lands of Sammaiah on lease.
25.PW12 stated that he purchased the motorcycle bearing No. 9823 in the year 2018. Due to problems, he returned the said vehicle and he came to know that motorcycle bearing No. 9823 was found at the murder place.
26.PW13, who is the panch witness for the inquest over the dead body of the deceased Manja Naik. He stated that police conducted inquest over the dead body of Manjya Naik (Deceased No.1) in his presence.
27.PW14, who is the panch witness for the inquest over the dead body of a male person. He stated that police conducted inquest in his presence.
24 of 67 SC 19 of 2023
28.The panch for confession of Accused No.1 to 3, 7 & 8 and recovery of the material objects was examined as PW15. He stated that on 21.06.2021 at about 09:00 AM Tahsildar made a telephone call to him and instructed him to attend at Forest Timber Depot of Mahadevpur.
Accordingly, PW15 and Deputy Tahsildar D. Thirupathi proceeded to
Forest Timber Depot, Mahadevpur, where police were present and five persons were present along with two bikes. On the request of police, they examined one by one and confessed that they killed the deceased
No.1 to 3. Accused No.1 confessed that he hacked deceased No.2. In pursuance of the confession of Accused No.1, he lead to the outskirts of
Kudurupalli and shown blood stained clothes. The police seized the blood stained clothes from the Accused No.1 and police seized two motorcycles. PW15 also stated that police seized three Axes i.e., MO.6 to MO.8 and also prepared seizure panchanama of Axes and sticks.
29.PW16, who is the panch witness for the confession panchanama of Accused No.4 to 6 & 9, wherein he stated that on 22.06.2021 MPDO instructed him to attend Nagulamma Temple at Koyyur. Accordingly, he went their and met police, where he noticed four persons in the custody of the police. On their request, he examined them and they informed that they beat the relatives and escaped. PW16 stated that accused produced three sticks.
25 of 67 SC 19 of 2023
30.PW17 is the doctor, who conducted postmortem examination over the dead body of Lavudya Bhaskar (Deceased No.3). She stated that she conducted postmortem examination over the dead body of Lavudya
Bhaskar (Deceased No.3) on 19.06.2021 at about 05:00 PM and found the following injuries: 1) chop injury to occipital region of head until brain surface of size about 4’ x 1 ½’ x 1’, 2) chop injury to parietal region,
3) chop injury to front side of neck measuring 3’ x 1’ x 2’ (involving of thyroid gland), 4) chop injury to left side of neck (above the injury No.3),
5) stab injury to left side of chest region size about 1 ½’ x 1 ½’ x 1’ & 6) stab injury to left side shoulder region size about 1’ in length and ½’ depth and she opined that deceased No.3 (Lavudya Bhaskar) died due to hemorrhagic shock.
31.PW18 is the doctor, who conducted postmortem examination over the dead body of Lavudya Manjya Naik (Deceased No.1) and found following injuries: 1) chop injury to central part of parietal region up to brain surface size 3 ½ x ½ x 2 inches, 2) stab injury to right eye outer canthus area size 1 x ½ x 1 ½ inches, 3) chop injury to right upper side of neck (below the mandibular angle) size 2 ½ x ½ x 3 inches & 4) chop injury to left side of neck region (clavicular head region) size 2 ½ x ½ x 2 ½ inches. PW18 opined that the deceased No.1 (Manjya Naik) died due to hemorrhagic shock.
26 of 67 SC 19 of 2023
32.PW18 further stated that on 19.06.2021 at about 07:30 PM he examined Lavudya Sammaiah (PW1) and found following injuries:
1) Deep laceration size 2 x ½ x ½ right parietal region, 2) Contusion left hand middle finger, 3) Burn injury to right foot lateral side, 4) Stab injury size ½ inch Depth ¼ inch width right hand forearm and he found that injury No.1 & 2 are simple and injury No.4 is grievous in nature.
33.PW18 stated that on 19.06.2021 at about 13:15 hours he examined Lavudya Bhaskar (Accused No.2) and found following injuries:
1) Deep laceration size 2 ½ x 1 x 1 inches left side temporal region,
2) Deep laceration size 1 ½ x 1 x 1 inches left hand forearm region,
3) Contusion 4 x ½ inches left side neck region and he opined that injuries No.1 to 3 are simple. On the same day at about 01:00 PM he examined Lavudya Mahankali (Accused No.1) and found following injuries: 1) Deep laceration 3 x 1 x 1 inches right parietal region, 2)
Complaint of pain right hand wrist joint and he opined that injuries No.1 & 2 are simple.
34.PW18 further stated that on 19.06.2021 at about 01:45 AM he examined Lavudya Sardar (Accused No.3) and found following injuries:
1) Deep laceration 3 ½ x 1 x 1 inches parietal region, 2) Deep laceration 27 of 67 SC 19 of 2023 2 x 1 x 1 inches parietal region, 3) Contusion left ear back side, 4) Small abrasion ¼ inch on left side upper abdomen, 5) Contusions 3 x ½, 3 x ½ inches right shoulder region, 6) Contusion 2 ½ x ½ inches right shoulder region (below the injury No.5) and opined that all the injuries are simple in nature.
35.PW19, who conducted inquest over the dead body of Lavduya
Bhaskar (Deceased No.3), stated that on 19.06.2021 he conducted inquest over the dead body of Lavudya Bhaskar (Deceased No.3) at mortuary room of Mahadevpur Government Hospital in the presence of
Nookala Nagaraju and Kandikonda Karthik. He also seized the clothes of
Lavudya Bhaskar (Deceased No.3) and handed over to the PW27.
36.PW20, who is the then Tahsildar, Kataram, stated that on 28.07.2021 DSP, Kataram addressed a letter to him for furnishing ownership particulars of the property in Sy.No. 365 of Vilasagar Village.
Accordingly, he submitted a report on 25.08.2021. Ex.P62 is the report.
37.PW21, who treated PW2, stated that on 21.06.2021 at about 12:00 hours he examined Sunitha and found fracture distal radius left forearm. He opined that it is grievous injury.
28 of 67 SC 19 of 2023
38.PW22, who is the Inspector of Police, who conducted inquest over the dead body of Lavudya Saraiah (Deceased No.2), stated that on 19.06.2021 on the instructions of SDPO, Kataram, he conducted inquest over the dead body of Lavudya Saraiah (Deceased No.2) in the presence of PW10 & Lavudya Balu Nayak.
39.PW23, who is the owner of the motorcycle, stated that he sold the motorcycle bearing No. AP 15 P 1318 to Gemini Consultancy,
Godavarikhani and police informed to him that Gemini Consultancy sold the vehicle to Bhaskar Nayak.
40.PW24, who is the panch witness for the scene of offence panchanama of Accused No.4 to 6 & 9, stated that as per the instructions of MRO, he visited the scene of offence and police prepared scene of offence panchanama and recovered two sticks, pink color towel, one pair of chappal, blue color cover consisting chilli powder, blood stained earth, one chappal, black color cover consisting chilli powder, blood stained earth, white color towel, bag containing two covers with chilli powder, blood stained earth, one Thayath with black thread & Dutta.
29 of 67 SC 19 of 2023
41.PW25 is the Sub Inspector of Police, who registered the FIR, stated that on 19.06.2021 at about 01:00 PM he received a complaint from PW1, basing on it, he registered a case in Cr.No. 146/2021 under
Sections 143, 148, 447, 307, 302 r/w 149 of Indian Penal Code, 1860 and issued FIR.
42.PW26, who conducted postmortem examination over the dead body of Lavudya Saraiah (Deceased No.2), stated that on 19.06.2021 at about 05:00 PM he conducted postmortem examination over the dead body of Lavudya Saraiah (Deceased No.2) and found following injuries:
1) chop injury of size 3 ½ x 1 x 1 ½ inches on right parietal region of skull which is involved brain matter, 2) chop injury of size 1 ½ x 1 x 1 ½ inches on right parietal region of head skull, 3) chop injury of size 2 x ½ x 1 ½ inches on right mandible which is extending from angle of mandible to chin region, 4) chop injury of size 2 ½ x 1 x 1 ½ inches on right shoulder,
5) laceration wound of size 4 ½ x 1 ½ x ¼ inches on right side of neck above the clavicular head & 6) contusion mark of size one inch radius is present on outer canthus of right eye. PW26 opined that the deceased
No.2 died due to hemorrhagic shock.
43.PW27, who is the investigating officer in this case, stated that on 19.06.2021 at about 01:00 PM he received the phone call from PW25 30 of 67 SC 19 of 2023 that he registered a case in Cr.No. 146/2021. Immediately, he rushed to
Kataram police station and received CD file and rushed to the scene of offence, where he found three dead bodies. Immediately, he shifted the dead bodies to Community Health Center, Mahadevpur for postmortem examination. On the same day, he secured the presence of
PW13 & PW24 and prepared scene of offence panchanama and seized
i) blood stained stick measuring 14 inches, ii) blood stained stick measuring 22 inches, iii) blood stained pink color towel, iv) one pair of chappal, v) blue color cover containing chilli powder, vi) blood stained earth, vii) 15 inches bullock kanem along with 42 inches dutta from the place where the dead body of the deceased No.1 was laying. PW27 also seized i) Walkaroo company right chappal, ii) cover with chilli powder, iii) blood stained earth from the place where the dead body of deceased
No.2 was laying. PW27 also seized i) blood stained white towel, ii) bag containing letters Bramarambika shopping mall. The said bag containing two covers with chilli powder, iii) blood stained earth from the place where the dead body of deceased No.3 (Bhaskar) was laying.
PW27 stated that towards South 100 feet away from the dead body, he seized Thayath with black thread and seized 4 bangle pieces from the place 20 feet away from the dead body of the deceased No.2 (Saraiah) was laying. PW27 further stated that on the same day he along with
PW1, PW13, PW24, PW22 & PW19 proceeded to mortuary room of 31 of 67 SC 19 of 2023
Community Health Center, Mahadevpur, where he secured the presence of PW1 to PW4 and recorded their statements. PW27 conducted inquest over the dead body of Manjya Naik (Deceased No.1) in the presence of PW13 & PW24. During the inquest, he seized the clothes of deceased No.1. MO.32 is the blood stained white color Doti. MO.33 is the white color shirt.
44.PW27 stated that on his instructions, PW22 conducted inquest over the dead body of Lavudya Saraiah (Deceased No.2) in the presence of PW10 and L. Balu. During the inquest, PW22 seized clothes of
Lavudya Saraiah (Deceased No.2). MO.34 is the blood stained white color full shirt. MO.35 is the green color pant. MO.36 is the white color banian. MO.40 is the towel.
45.PW27 stated that on his instructions, PW19 conducted inquest over the dead body of Lavudya Bhaskar (Deceased No.3) in the presence of K. Karthik and PW14. During the inquest, PW19 seized the clothes of
Lavudya Bhaskar (Deceased No.3). MO.37 is the Red, Blue color
T – Shirt. MO.38 is the pant. MO.39 is the blood stained white banian.
PW27 stated that he got photographed the dead body of deceased No.1 to 3 at Community Health Center, Mahadevpur with the help of PW5.
32 of 67 SC 19 of 2023
On completion of inquest, the dead bodies of deceased No.1 to 3 were sent to postmortem examination. PW27 stated that on 20.06.2021 he examined PW6 to PW9 and recorded their statements.
46.PW27 further stated that on 21.06.2021 he apprehended the accused No.1 to 3, 7 & 8 and secured the presence of PW15 &
B. Thirupathi and recorded the confession statement of accused No.1 and seized Axe and seized motorcycle bearing No. AP 15 AP 1318 and motorcycle bearing No. TS 25 A 9823. Thereafter, he recorded the confession statements of accused No.2, 3, 7 & 8 and seized the blood stained pant worn by Accused No.8. PW27 stated that in pursuance of confession statements of Accused No.1 to 3, 7 & 8, they lead them to beside Neetikunta Katta of Kudurupally, where seized blue color checks lungi and dark brown full shirt belongs to accused No.1 were seized in the presence of PW15 & B. Thirupathi and also seized blue color short and rose color T – Shirt belongs to accused No.2 in the presence of
PW15 & B. Thirupathi and also seized red color stripes night pant and blood stained green T – Shirt with black stripes belongs to accused No.3 in the presence of PW15 & B. Thirupathi. PW27 stated that Accused
No.1 to 3, 7 & 8 lead them to outskirts of Dhanwada Village and Accused
No.1 shown one Axe (measuring 28 inches handle and 4 ½ inch Axe, the 33 of 67 SC 19 of 2023 sharp portion as 2 ½ inches with width of 1 ½ inch). Accused No.3 shown one Axe (measuring 30 ½ inches handle and 6 inch Axe, the sharp portion as 2 ½ inches with width of 1 inch). Accused No.8 shown one
Axe (measuring 30 inches handle and 6 inch Axe, the sharp portion as 2 ½ inches with width of 1 inch). Accused No.7 shown stick (measuring 31 inch length, 1 ½ inch width).
47.PW27 further stated that the Accused No.1 to 3, 7 & 8 were arrested and produced before the Judicial Magistrate of First Class.
48.PW27 stated that on 22.06.2021 he apprehended Accused No.4 to 6, 9 and secured the presence of PW16 & J. Veeraswamy and recorded their confession panchanamas and seized stick measuring 44 ½ inch length and 1 ½ inch width from the Accused No.4 and seized stick measuring 42 inch length and 1 ½ inch width from the Accused No.9 and seized stick measuring 34 inch and 1 inch width from the Accused No.6.
PW27 stated that on 24.06.2021 he issued notice to PW1 for production of land documents. He produced the documents (63 sheets) i.e., Xerox copy of pahanies, Xerox copy of Regd. Sale Deeds, Judgment in
CC.No. 161/2012 on the file of Principal Junior Civil Judge, Manthani
and Orders in IA.No. 413/2014 in OS.No. 26/2014 on the file of 34 of 67 SC 19 of 2023
VI Additional District Judge, Godavarikhani and also paper clippings.
PW27 stated that on 24.06.2021 he submitted a requisition to the PW20 for production of documents in respect of Sy.No. 365 of Gangaram
Village. PW27 stated that on 26.07.2021 he submitted a requisition to the PW20 for production of documents in respect of Sy.No. 365 of
Gangaram Village. PW27 stated that on 24.06.2021 he prepared letter of advice and submitted to the Superintendent of Police, Bhupalpally for sending the material objects to RFSL. On 26.06.2021 he visited the
Gangaram Village and secured the presence of PW10 & PW11 and examined them and recorded their statements. On the request of
PW27, Judicial Magistrate of First Class, Manthani recorded 164 CrPC statements of PW1, PW2 & PW6. On 02.09.2021 PW27 submitted a requisition to PW21 and obtained wound certificate of PW2. On 05.09.2021 PW27 submitted a requisition to PW18 and obtained wound certificates of PW1, Accused No.1 to 3. On 05.10.2021 PW27 summoned
PW23 & PW12 and examined them and recorded their statements.
PW27 stated that he collected past antecedents of the accused and after collecting postmortem examination reports, wound certificates,
RFSL reports, he filed charge sheet against the Accused No.1 to 9 for the offences punishable under Sections 143, 148, 447, 307, 302 r/w 149 of Indian Penal Code, 1860.
35 of 67 SC 19 of 2023
49.The case of the prosecution and the evidence shows that whether the prosecution proved the mensrea of the accused in committing the offence. The case of the prosecution is that the accused attacked on the deceased and others on the pretext that there are civil disputes between the accused family and the deceased family with regard to the agriculture land. In proof of the case of the prosecution, the blood relatives of the deceased has categorically stated that while the deceased and others were attending the agriculture work in their agriculture fields, the incident took place. The prosecution examined the Tahsildar of Kataram as PW20. He stated that the DSP, Kataram addressed a letter to him for furnishing details of ownership particulars of property in Sy.No. 365 of Vilasagar Village. Accordingly, he submitted report vide Ex.P62. The Ex.P62 contains 6 sheets. The report shows that from 2013-14 to 2017-18 in Sy.No. 365 to an extent of
Ac.20-05 Guntas of Vilasagar one Sri Mohammad Ahmed Khan is the pattadhar and possessor and at present (Deceased No.3) Lavudya
Bhaskar’s wife Sunitha i.e., PW2 is the owner of 6 Acres of land and
Padma (PW4) wife of Lavudya Saraiah (Deceased No.2) is having 6 Acres of land and a civil Court decree was in favour of PW1.
50.The investigating officer i.e., PW27 stated that he issued notice to
PW1 for production of related documents and he produced the 36 of 67 SC 19 of 2023 pahanies and decree and judgment in criminal case which was Ex.P69 which contains (63) sheets. In those sheets there are pahanies for the years 2003-04, 2006-07, 2007-08, 2008-09, 1999-2000, 1995-96, 2013-14 & 2011-12 which shows that Sy.No. 365 is in the name of Mohd. Hussain.
In some pahanies it shows that the deceased were in possession of the property, but in all the pahanies Mohd. Hussain is referred as pattadhar.
The four registered sale deeds Dt: 09.06.2011 in Sy.No. 365 to an extent of 6 Acres, 6 Acres, 6 Acres & Ac.2-05 Guntas which shows that
Mohd. Ahmed Khan executed three sale deeds in favour of PW1 to an extent of 6 Acres each in Sy.No. 365 and another sale deed to an extent of Ac.2-05 Guntas in Sy.No. 365. The copy of pattadhar passbook also filed which shows that Sy.No. 365/2 to an extent of 6 Acres was in the name of Lavudya Saraiah Naik (Deceased No.2) and Sy.No. 365/1/2 to an extent of 6 Acres was in the name of Lavudya Bhaskar Nayak (Deceased
No.3) and a case was filed against the deceased family for forgery of the documents. The documents also reveals the decree and judgment in
OS.No. 26/2014 which was in favour of L. Sammaiah Nayak i.e., PW1 in
respect of 6 Acres in Sy.No. 365 only out of Ac.20-05 Guntas. These facts shows that there are civil disputes in respect of the property in
Sy.No. 365 of Vilasagar between the deceased family and accused family.
37 of 67 SC 19 of 2023
51.As per the case of the prosecution, the accused trespassed into the lands of deceased. The evidence of PW1, PW2 & PW6 clearly reveals that all the accused trespassed into their lands and attacked on the decease on the pretext that the deceased are cultivating the lands of the accused. The prosecution filed documents showing the prima facie case in favour of the deceased.
52.The further case of the prosecution is that the accused unlawfully assembled to commit an offence. The PW1, PW2 & PW6 categorically stated that initially the accused No.1 to 5 entered into their agriculture fields. Later, Accused No. 6 to 9 joined. The evidence PW1 & PW2 is most crucial because they are injured witnesses. They have categorically stated that Accused No.3 hacked Lavudya Manjya Naik (Deceased No.1). Accused No.1 hacked Lavudya Saraiah (Deceased
No.2). Accused No.1, 2 & 4 poured chilli powder on PW1 and beat on head and hands. Accused No.5 beat PW2 with stick and three persons caught hold the Lavudya Bhaskar (Deceased No.3) and Accused No.8 hacked Lavudya Bhaskar (Deceased No.3). These facts clearly shows that Accused No.1 to 9 with sticks and weapons committed an offence of rioting.
38 of 67 SC 19 of 2023
53.The prosecution contended that all the accused unlawfully assembled with armed deadly weapons like Axes and sticks and sprinkled chilli powder on the deceased, PW1 & PW2 and direct witnesses i.e., PW1, PW2 & PW6 has categorically stated that Accused
No.3 hacked Lavudya Manjya Naik (Deceased No.1) and Accused No.1 hacked Lavudya Saraiah (Deceased No.2) on neck and cheek. Accused
No.1, 2 & 4 poured chilli powder on PW1 and beat on his head and hands and pushed into the fire. Accused No.5 beat PW2 with sticks on her hand. Three persons i.e., Accused No. 6 to 9 hacked Lavudya Bhaskar (Deceased No.3). The PW1 is the injured. He stated that Accused No.1, 2 & 4 poured chilli powder on him and beat him and caused fracture to right hand and right leg. The doctor, who examined PW1, was examined as PW18 and he categorically stated that PW1 sustained deep laceration on right parietal region, contusion left hand middle finger, burn injury to right foot lateral side & stab injury ½ inch depth ¼ inch width right hand forearm and complete fracture with mild displacement involving digital sharp region of Ulna-bone and he opined that injuries No.1 & 2 are simple and injury No.4 is grievous in nature.
54.PW2 is the direct witness to the offence and the injured. She stated that initially Accused No.1 came to their agriculture fields and 39 of 67 SC 19 of 2023 questioned them and accused No.2 to 9 joined Accused No.1 and all the accused poured chilli powder on them and beat with sticks. PW2 stated that Accused No.5 beat her with stick on her left hand and right hand.
Accused No.3 hacked Lavudya Manjya Naik (Deceased No.1). Accused
No.1 hacked Lavudya Saraiah (Deceased No.2). Accused No.1 to 4 beat
PW1 with sticks and thrown on the fire. Accused No.6 to 9 hacked
Lavudya Bhaskar (Deceased No.3) on his neck. The doctor, who treated
PW2, was examined as PW21. He stated that on 21.06.2021 at about 12:00 Noon he examined PW2 and found fracture dislocation left forearm which is grievous in nature. The Ex.P63 is the wound certificate issued by PW21. The Ex.P63 shows that fracture distal radius of left hand which is grievous in nature.
55.The evidence of PW6, who is the direct witness and the son of
Lavudya Bhaskar (Deceased No.3), categorically stated that he along with deceased No.1 to 3, PW1 & PW2 went to the agriculture fields and his father was plugging the agriculture fields with tractor. At that time accused No.1 to 9 came to the agriculture fields and claimed that the agriculture fields are belongs to them. PW6 stated that Accused No.3 hacked Lavudya Manjya Naik (Deceased No.1). Accused No.6 to 9 thrown his father on the agriculture fields and Accused No.8 hacked his 40 of 67 SC 19 of 2023 father Lavudya Bhaskar (Deceased No.3). Accused No.1 hacked Lavudya
Saraiah (Deceased No.2) with Axe. He also stated that Accused No.5 beat his mother with a stick. Accused No.1 to 5 beat PW1 and thrown in the fire. Accused No.5 poured chilli powder on them. The PW6 stated that PW1 escaped from the clutches of the accused and proceeded to
Kataram police station. PW6 ran from the scene with a fear and police came to his house and took him to the scene. The evidence of PW1,
PW2 & PW6 are corroborating with the case of the prosecution and their evidence. The medical evidence also corroborating that the PW1 &
PW2 sustained fracture injuries i.e., PW1 sustained fracture of distal region of Ulna-bone of right hand. Whereas PW2 sustained fracture of left distal radius.
56.The counsel for the Accused No.4 stated that none of the prosecution witnesses has attributed any overt acts against Accused
No.4. PW1, PW2 & PW6, who are the direct witnesses to the offence, categorically stated that accused No.4 is also a member of the unlawful assembly and he committed rioting along with others and also criminally trespassed into their lands along with others and PW1 categorically stated that Accused No.4 & 6 beat his brother with stick. PW2 stated that Accused No.1 to 4 beat PW1 with stick. Therefore, the contention 41 of 67 SC 19 of 2023 of the counsel for Accused No.4 that no witness has stated against
Accused No.4 is not correct.
57.It is further case of the prosecution that the police apprehended the Accused No.1 to 3, 7 & 8 on 21.06.2021 at 09:00 AM and recorded the confession panchanama and in pursuance of the confession of accused, they lead them to outskirts of Kudurupalli and produced the blood stained clothes and also recovered sticks and three Axes. The police also filed the panchanamas showing the seizure of two motorcycles i.e., MO.9 & MO.10 and stick MO.5. It is further case of the prosecution that on 22.06.2021 at about 08:00 AM they apprehended
Accused No.4 to 6 & 9 and recorded the confession of the accused. In pursuance of the confession of the accused, they produced three sticks
MO.15 to MO.17.
58.The counsel for the Accused No.1 to 3, 5 to 9 argued that the material objects are planted. They relied on the judgment reported in 2025 0 Supreme (SC) 1074 in the case of Baljinder Kumar @ Kala v.
State of Punjab, wherein it is held that “where there are major contradictions in the testimonies of key prosecution witnesses accompanied by glaring investigative defects, it cannot be said that the 42 of 67 SC 19 of 2023 prosecution has established the charge beyond reasonable doubt” and also relied on the judgment reported in 2024 0 Supreme (SC) 908 in the case of Madhusudan v. State of Madhya Pradesh, wherein it is held that “the prosecution failed to establish the common intention required for conviction under Section 34 of IPC” and also relied on the judgment reported in 2022 0 Supreme (SC) 516 in the case of Mahendra Singh &
Others v. State of M.P., wherein it is held that “Evidence of informant would fall in category of wholly unreliable witness – As such, no conviction could be based solely on his testimony – Corroboration sought by High Court from medical evidence was not justified – Medical evidence could only establish that death was homicidal – However, it could not have been used to corroborate version of informant that he has witnessed incident – Only because motive is established, conviction cannot be sustained – Prosecution has failed to prove case beyond reasonable doubt – As such, accused are entitled for be given benefit of doubt – Appellants acquitted of charges charged with”.
59.Further relied on the judgment reported in 1993 0 Supreme (SC) 238 in the case of Anil Phukan v. State of Assam, where it is held that
Conviction under. Primarily based on testimony of a single eye witness
Ajoy PW3 who accompanied the deceased for demand of loan – Relation 43 of 67 SC 19 of 2023 of deceased – No ground to discard his testimony – Possibility of implicating some innocent person not ruled out – Independent corroboration required – (Para 4) – Unnatural conduct of PW3 –
Possibility of both injuries caused by another accused and not by appellant – No recovery of weapon from house of appellant – Deceased did not have appellant as assailant before anyone – Benefit of doubt whether be given to appellant.
60.Further relied on the judgment reported in 2022 0 Supreme (SC) 561 in the case of Sanjay Kishan Kaul, M.M. Sundresh, JJ. Virendra v.
State of Madhya Pradesh, wherein it is held that Murder – Common intention – Conviction and sentence – From evidence produced by prosecution presence of appellant in place of occurrence is highly improbable – Evidence of Star prosecution witness cannot be relied upon as against other prosecution witnesses themselves which stood uncontroverted – Recovery having not been proved in manner known to law, coupled with inadequate evidence on record to implicate appellant – Prosecution has failed in its attempt to prove beyond reasonable doubt that appellant has committed offence – Conviction rendered by trial Court as confirmed by High Court, stands set aside and appellant set at liberty.
44 of 67 SC 19 of 2023
61.The case on hand, there are several civil and criminal disputes arose with regard to the agriculture land, where deceased No.1 to 3 were killed. The manner of incident clearly shows that Accused No.1 to 5 are belongs to one family and Accused No.6 to 9 are the relatives of
Accused No.1 to 5. The manner of attack against the deceased No.1 to 3, PW1 & PW2 clearly shows that Accused No.1 to 9 are one group and deceased No.1 to 3 and their family was another group. The documents filed by the prosecution i.e., civil Court decree and reports of the revenue officials clearly shows that the deceased and their family are having prima facie case. The accused has not even filed any document to rebut the case of the prosecution with regard to claiming ownership of the disputed land.
62.In this case, the manner of unlawful assembly and rioting against the deceased and also manner of attacking with deadly weapons like
Axes and sticks clearly evident the intention of the accused in attacking the deceased. Apart from that bringing chilli powder along with them clearly shows their preparation in committing the offence. The police has seized chilli powder from the scene and also the broken bangles.
The scientific evidence i.e., RFSL reports also shows the human blood detected on the blood stained earth collected from the scene and DNA profile also support the case of the prosecution.
45 of 67 SC 19 of 2023
63.The evidence of PW1, PW2 & PW6 shows that accused No.3 hacked Lavudya Manjya Naik (Deceased No.1) with Axe. Accused No.1 hacked Lavudya Saraiah (Deceased No.2) with Axe on neck and cheek.
Three persons i.e., Accused No.6 to 9 caught hold the Lavudya Bhaskar (Deceased No.3) and thrown on the fields and Accused No.8 hacked the
Lavudya Bhaskar (Deceased No.3) and Accused No.5 thrown the chilli powder on the deceased and Accused No.1, 2 & 4 also poured chilli powder on PW1 and beat with sticks and Accused No.5 beat PW2 with stick. The manner of attacking on the deceased for the offence satisfies the ingredients under Section 149 of IPC that the prosecution has to prove commission of offence by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed.
64.The case on hand, all the accused attacked simultaneously on the deceased. Accused No.1, 2, 4 & 5 poured chilli powder. Simultaneously
Accused No.3 hacked Lavudya Manjya Naik (Deceased No.1) with Axe.
Accused No.1 hacked Lavudya Saraiah (Deceased No.2) with Axe and
Accused No.6 to 9 thrown Lavudya Bhaskar (Deceased No.3) on the agriculture fields and Accused No.8 hacked on Lavudya Bhaskar (Deceased No.3) and Accused No.1, 2 & 4 beat PW1 and Accused No.5 46 of 67 SC 19 of 2023 beat PW2. These acts shows that all the participants Accused No.1 to 9 are one way or other attacked on the deceased No.1 to 3 and PW1 &
PW2. These facts clearly shows that the unlawful assembly of all the accused in commission of offence with a common object of killing the deceased.
65.As per the evidence of PW1, PW2 & PW6, Accused No.3 hacked on
Lavudya Manjya Naik (Deceased No.1) with Axe. The doctor, who conducted postmortem examination over the dead body of deceased
No.1 i.e., PW18 categorically stated that Lavudya Manjya Naik (Deceased No.1) had three chop injuries and one stab injury which were on the head and neck. The evidence of PW1, PW2 & PW6 are corroborating with the evidence of doctor in respect of the injuries sustained by Lavudya Manjya Naik (Deceased No.1).
66.PW1, PW2 & PW6 stated that accused No.1 hacked Lavudya
Saraiah (Deceased No.2). The doctor, who conducted postmortem examination over the dead body of deceased No.2 i.e., PW26 categorically stated that Lavudya Saraiah (Deceased No.2) had four chop injuries i.e., one laceration, one contusion, two chop injuries on right parietal region, one chop injury on right mandible, one chop injury on 47 of 67 SC 19 of 2023 right shoulder, one laceration wound on right side of neck and contusion mark on the right eye. The evidence of PW1, PW2 & PW6 are corroborating with the injuries mentioned by PW26 on the dead body of
Lavudya Saraiah (Deceased No.2).
67.The PW1, PW2 & PW6 categorically stated that Accused No.6 to 9 caught hold Lavudya Bhaskar (Deceased No.3) and pulled him and he fell on the agriculture fields, then Accused No.8 hacked on Lavudya
Bhaskar (Deceased No.3). The doctor, who conducted postmortem examination over the dead body of deceased No.3 i.e., PW17 categorically stated that Lavudya Bhaskar (Deceased No.3) had four chop injuries i.e., two chop injuries on parietal and occipital regions and two chop injuries on front side of neck and left side of neck and two stab injuries i.e., left side chest region and left side shoulder region. The evidence of PW1, PW2 & PW6 are corroborating with the injuries mentioned by PW17 on the dead body of Lavudya Bhaskar (Deceased
No.3).
68.It is to be noted that the evidence of PW1 & PW2 had more credibility because they are injured witnesses. The case on hand, PW1 sustained fracture right Ulna-bone and he also had burnt injury to right 48 of 67 SC 19 of 2023 foot which supports that the accused beat the PW1 and thrown on the fire. PW2 has sustained fracture of left hand distal radius which can be possible by beating with a stick. PW1, PW2 & PW6 has categorically stated that accused No.5 beat PW2.
69.In murder case, the evidentiary value of injured witness has been kept on a high pedestal and such injured witness needs no corroboration.
70.I am relying on the judgment reported in 1985 Cr LJ 1829 in the case of Bujjha v. State of U.P., wherein the Supreme Court held that in a case a person was murdered and in the course of the occurrence victim’s wife too was injured. But the wife was medically examined two days after. Her evidence was given high value, the unnatural death of the victim being well established and the belated medical examination of the lady was held to be of no consequence.
71.The case on hand, PW2, who is the wife of Lavudya Bhaskar (Deceased No.3), sustained injuries on 19.06.2021 and she was examined by the doctor on 21.06.2021. As the delay in examining the injured witness by the doctor cannot be ruled out as her own husband 49 of 67 SC 19 of 2023 hacked by the accused in front of her and she has to attend funerals, for which delay in examining her is of no consequence. I am also relying on the judgment reported in (1990) 1 Crimes Page 83 in the case of State v. Bharwad Jakshibhai Nagribhai, wherein it is held that “As to proof of an occurrence by injured witness a Gujarat decision held that for appreciating the evidence of the injured witnesses the Court should bear in mind that:
(1) Their presence of the time and place of the occurrence cannot be doubted; (2) They do not have any reason to omit the real culprits and implicate falsely the accused persons; (3) The evidence of the injured witnesses is of great value to the prosecution and it cannot be doubted merely on some supposed natural conduct of a person during the incident or after the incident because it is difficult to imagine how a witness would act or react to a particular incident. His action depends upon a number of imponderable aspects; (4) If there is any exaggeration in their evidence, then the exaggeration is to be discarded and not their entire evidence; (5) While appreciating their evidence the Court must not attach undue importance to minor discrepancies, but must consider broad spectrum of the prosecution version. The discrepancies may be due to normal errors of perception or observation or due to lapse of memory or due to faulty or stereo-type investigation; 50 of 67 SC 19 of 2023 (6) It should be remembered that there is a tendency amongst the truthful witnesses also to back up a good case by false or exaggerated version. In this type of situation the best course for the Court would be to discard exaggerated version or falsehood but not to discard entire version.
Further, when a doubt arises in respect of certain facts stated by such witness, the proper course is to ignore that fact only unless it goes into the root of the matter so as to demolish the entire prosecution story.
72.The case on hand, PW2, who is the wife of Lavudya Bhaskar (Deceased No.3), sustained fracture of left hand distal radius. Apart from that her brother-in-law was beaten and thrown in the fire.
Therefore, the evidence of PW2 should be considered in high pedestal. I am also relying on the judgment reported in (2011) 4 SCC 321 in the case of State of U.P. v. Naresh & Others, wherein the Hon’ble Supreme
Court held that the evidence of an injured witness must be given due weightage being a stamped witness, thus, his presence cannot be doubted. His statement is generally considered to be very reliable and it is unlikely that he has spared the actual assailant in order to falsely implicate someone else. The testimony of an injured witness has its own relevancy and efficacy as he has sustained injuries at the time and place of occurrence and this lends support to his testimony that he was 51 of 67 SC 19 of 2023 present during the occurrence. Thus, the testimony of an injured witness is accorded a special status in law. The witness would not like or want to let his actual assailant go unpunished merely to implicate a third person falsely for the commission of the offence. I am also relying on the judgment of the Hon’ble Supreme Court in Criminal Appeal
No. 541-543 of 2015 in the case of Sri Chikkegowda & Others v. State of Karnataka Dt: 07.10.2025, wherein the Hon’ble Supreme Court held that the testimony of the injured witness is paramount consideration in proving the offence.
73.The case on hand, the evidence of PW6 is also very crucial. By the time of accident PW6 was aged about 11 Years and he is the son of the deceased No.3 (Lavudya Bhaskar Naik) and PW2. He categorically stated that on the date incident, he along with deceased No.1 to 3, PW1 & PW2 went to the agriculture fields and at about 11:00 AM Accused No.1 to 9 attacked on them and they sprinkled chilli powder and Accused No.3 hacked Lavudya Manjya Naik (Deceased No.1). Accused No.1 hacked
Lavudya Saraiah Naik (Deceased No.2) on neck and cheek and PW6 stated that Accused No.6 to 9 thrown his father on the agriculture fields and Accused No.8 hacked his father. He also stated that Accused No.5 beat his mother with a stick. Accused No.1 to 5 beat PW1 and thrown in 52 of 67 SC 19 of 2023 the fire. Accused No.5 poured chilli powder on them. He stated that
PW1 escaped from the clutches of the accused and went to Kataram police station and PW6 ran from the scene with a fear and took shelter in the house. The police came to his house and took him to the scene.
74.It is to be noted that the credibility of the PW6 has to be scrutinized that PW1 & PW2 has categorically stated that PW6 was accompanied them to agriculture field and he was very much present at the scene. The evidence of PW6 shows that in front of a 11 Years boy his grandfather, his father and his father’s brother was killed and his mother was beaten by the accused. Apart from that his father’s brother i.e., PW1 also beaten by the accused. Naturally, a boy, aged 11 Years, seeing killing of his father in his presence, certainly he will be in the shock and he ran from the scene with a fear and took shelter in his house. The manner of deposing evidence of PW6 clearly shows that he was in shock when the accused was hacked his father. In the cross examination, PW6 stated that police came to his house at about 01:00
PM and took him to the scene. The evidence of PW6 is corroborating with the evidence of PW1 & PW2. Hence, the evidence of PW6 has to be considered as a genuine. As per the case of the prosecution, during the attack accused No.1 to 3 has sustained injuries and PW18 examined 53 of 67 SC 19 of 2023
Lavudya Bhaskar (Accused No.2) on 19.06.2021 at about 01:15 PM and found following injuries: 1) Deep laceration size 2 ½ x 1 x 1 inches left side temporal region, 2) Deep laceration size 1 ½ x 1 x 1 inches left hand forearm region, 3) Contusion 4 x ½ inches left side neck region. PW18 opined that those injuries are simple.
75.PW18 also examined Lavudya Mahankali (Accused No.1) on 19.06.2021 at about 01:00 PM and found following injuries: 1) Deep laceration 3 x 1 x 1 inches right parietal region, 2) Complaint of pain right hand wrist joint and he opined that injuries No.1 & 2 are simple.
PW18 also stated that on 19.06.2021 at about 01:45 PM he examined
Lavudya Sardar (Accused No.3) and found following injuries: 1) Deep laceration 3 ½ x 1 x 1 inches parietal region, 2) Deep laceration 2 x 1 x 1 inches parietal region, 3) Contusion left ear back side, 4) Small abrasion ¼ inch on left side upper abdomen, 5) Contusions 3 x ½, 3 x ½ inches right shoulder region, 6) Contusion 2 ½ x ½ inches right shoulder region (below the injury No.5) and he stated that injuries are simple in nature.
The counsel for the accused No.1 to 3 in the cross examination of PW27 contended that the legal heirs of Mohd. Hussain beat the accused No.1 and deceased and also put a suggestion that the legal heirs of Mohd.
Hussain are responsible for the death of the deceased and also put a 54 of 67 SC 19 of 2023 suggestion that other accused also tried to safeguard the accused No.1.
The legal heirs of Mohd. Hussain also beat them which categorically shows that the accused No.1 admittedly at the scene when the deceased sustained injuries. The evidence of prosecution witnesses i.e., injured witnesses i.e., PW1 & PW2 and direct witness PW6 clubbed with the suggestions put by the counsel for the accused No.1 to 3 clearly shows that during the attack accused No.1 to 3 also sustained simple injuries. The counsel for the accused No.1 to 3 has failed to put a suggestion to PW1, PW2 & PW6 that the legal heirs of Mohd. Hussain beat the deceased and Accused No.1 to 3. These facts clearly shows that to avoid to explain the injuries sustained by the accused for the first time. During the cross examination of the investigating officer, the accused taken plea that the legal heirs of Mohd. Hussain are responsible for the death of the deceased and also for the injuries sustained by accused No.1 to 3. These facts clearly shows that only to get rid of from the explanation of injuries sustained by the accused No.1 to 3. The accused put a suggestion to PW27 which indirectly admitted the presence of Accused at the scene.
76.In view of the above discussions, the evidence of PW1, PW2 &
PW6 are most crucial and they categorically stated that Accused No.3 55 of 67 SC 19 of 2023 hacked Lavudya Manjya Naik (Deceased No.1) and Accused No.1 hacked
Lavudya Saraiah Naik (Deceased No.2) on neck and cheek and Accused
No.6 to 9 pulled the Lavudya Bhaskar Naik (Deceased No.3) and he fell on the floor and Accused No.8 hacked Lavudya Bhaskar Naik (Deceased
No.3) and Accused No.5 beat PW2 and Accused No.1, 2 & 4 beat PW1.
77.The evidence of PW1, PW2 & PW6 are corroborating with the evidence of doctors who have conducted postmortem examination.
Apart from that the evidence of PW1, PW2 & PW6 shows that there are civil disputes between the accused family and deceased family.
78.In view of the above discussions, the prosecution proved that
Accused No.1 to 9 with unlawful assembly with arms rioting against the deceased by criminally trespassed into their lands. The injuries sustained by PW1 & PW2 is that PW1 sustained one fracture and PW2 sustained one fracture and the accused beat PW1 & PW2 with a stick on hands which are not a vital parts. Therefore, the prosecution only proved the offence under Section 326 of Indian Penal Code, 1860 and failed to prove the offence under Section 307 of Indian Penal Code, 1860 against the accused. The prosecution has proved that Accused 56 of 67 SC 19 of 2023
No.3 hacked Lavudya Manjya Naik (Deceased No.1), for which he died, which amounts to culpable homicide amounting to murder which is punishable under Section 302 of Indian Penal Code, 1860. The prosecution also proved that Accused No.1 hacked Lavudya Saraiah Naik (Deceased No.2), for which he died, which amounts to culpable homicide amounting to murder which is punishable under Section 302 of Indian
Penal Code, 1860. The prosecution also proved that Accused No.8 hacked Lavudya Bhaskar Naik (Deceased No.3), for which he died, which amounts to culpable homicide amounting to murder which is punishable under Section 302 of Indian Penal Code, 1860.
79.All the Accused unlawfully assembled, as a result of their rioting, three persons died and two persons sustained injuries. Therefore,
Accused No.2, 4 to 7 & 9 are the members of an unlawful assembly along with Accused No.1, 3 & 8 resulting to commission of offence of Section 302 of Indian Penal Code, 1860 and their object is to kill the deceased and all the members of the assembly know that the acts of the some of the members of the assembly likely to be cause the death of the deceased. The Accused No.1 to 5 are belongs to one family and Accused
No.6 to 9 are belongs to one family, gathering by all the accused at one place shows the unlawful assembly in comitting the offence. Therefore, 57 of 67 SC 19 of 2023 the prosecution proved that Accused No.1 to 9 are committed the offence under Section 302 r/w 149 of Indian Penal Code, 1860.
80.In view of the above discussions, the Accused No.1 to 9 are found guilty for the offences punishable under Sections 143, 148, 447, 302 r/w 149 of Indian Penal Code, 1860 and Accused No.1 is found guilty for the offence punishable under Section 302 of Indian Penal Code, 1860 for killing Lavudya Saraiah Naik (Deceased No.2) and Accused No.3 is found guilty for the offence punishable under Section 302 of Indian Penal
Code, 1860 for killing Lavudya Manjya Naik (Deceased No.1) and
Accused No.8 is found guilty for the offence punishable under Section 302 of Indian Penal Code, 1860 for killing Lavudya Bhaskar Naik (Deceased No.3). The prosecution has failed to prove the offence under
Section 307 of Indian Penal Code, 1860 against the Accused and the prosecution proved that Accused No.1 to 4 beat PW1, for which they are punishable under Section 326 of Indian Penal Code, 1860 for beating
PW1 and Accused No.5 is also liable for punishment for the offence under Section 326 of Indian Penal Code, 1860 for beating PW2 and causing grievous hurt. Accordingly, informed to the Accused.
Sd/-
PRINCIPAL SESSIONS JUDGE,
JAYASHANKAR BHUPALPALLY.
58 of 67 SC 19 of 2023
The Accused No.1 to 9 present.
The Accused No.1 to 9 are found not guilty for the offence punishable under Section 307 of Indian Penal Code, 1860.
The Accused No.1 is found guilty for the offence punishable under
Section 302 of Indian Penal Code, 1860 for killing Lavudya Saraiah Naik (Deceased No.2). The Accused No.3 is found guilty for the offence punishable under Section 302 of Indian Penal Code, 1860 for killing
Lavudya Manjya Naik (Deceased No.1). The Accused No.8 is found guilty for the offence punishable under Section 302 of Indian Penal Code, 1860 for killing Lavudya Bhaskar Naik (Deceased No.3). The Accused
No.1 to 9 are found guilty for the offence punishable under Section 143, of Indian Penal Code, 1860. The Accused No.1 to 9 are found guilty for the offence punishable under Section 148 of Indian Penal Code, 1860.
The Accused No.1 to 9 are found guilty for the offence punishable under
Section 447 of Indian Penal Code, 1860. The Accused No.1 to 9 are found guilty for the offence punishable under Section 302 r/w 149 of
Indian Penal Code, 1860. The Accused No.1 to 4 are found guilty for the offence punishable under Section 326 of Indian Penal Code, 1860 for causing grievous hurt to PW1. The Accused No.5 is found guilty for the offence punishable under Section 326 of Indian Penal Code, 1860 for causing grievous hurt to PW2.
59 of 67 SC 19 of 2023
The sentences contemplated under Sections 143, 148, 447, 326, 302 & 302 r/w 149 of IPC explained to the accused. The accused
No.1 to 9 pleaded mercy of the Court.
Considering the facts and circumstances of the case, the Accused
No.1 is sentenced to undergo life imprisonment and liable to pay fine of
Rs.1,000/- (Rupees One Thousand Only) for the offence under Section 302 of Indian Penal Code, 1860 for killing Lavudya Saraiah Naik (Deceased No.2). In default of payment of fine amount, he shall undergo Simple Imprisonment for (1) ONE Year.
Further, the Accused No.3 is sentenced to undergo life imprisonment and liable to pay fine of Rs.1,000/- (Rupees One Thousand
Only) for the offence under Section 302 of Indian Penal Code, 1860 for killing Lavudya Manjya Naik (Deceased No.1). In default of payment of fine amount, he shall undergo Simple Imprisonment for (1) ONE Year.
Further, the Accused No.8 is sentenced to undergo life imprisonment and liable to pay fine of Rs.1,000/- (Rupees One Thousand
Only) for the offence under Section 302 of Indian Penal Code, 1860 for killing Lavudya Bhaskar Naik (Deceased No.3). In default of payment of fine amount, he shall undergo Simple Imprisonment for (1) ONE Year.
60 of 67 SC 19 of 2023
Further, the Accused No.1 to 9 are sentenced to undergo
Rigorous Imprisonment for (6) SIX Months and imposed to pay fine of
Rs.500/- (Rupees Five Hundred Only) each for the offence under Section 143 of Indian Penal Code, 1860. In default of payment of fine amount, they shall undergo Simple Imprisonment for (1) ONE Month.
Further, the Accused No.1 to 9 are sentenced to undergo
Rigorous Imprisonment for (3) Three Years and imposed to pay fine of
Rs.500/- (Rupees Five Hundred Only) each for the offence under Section 148 of Indian Penal Code, 1860. In default of payment of fine amount, they shall undergo Simple Imprisonment for (6) Six Months.
Further, the Accused No.1 to 9 are sentenced to undergo
Rigorous Imprisonment for (3) Three Months and imposed to pay fine of
Rs.500/- (Rupees Five Hundred Only) each for the offence under Section 447 of Indian Penal Code, 1860. In default of payment of fine amount, they shall undergo Simple Imprisonment for (1) One Month.
Further, the Accused No.1 to 9 are sentenced to undergo life imprisonment and imposed to pay fine of Rs.1,000/- (Rupees One
Thousand Only) each for the offence under Section 302 r/w 149 of
Indian Penal Code, 1860. In default of payment of fine amount, they shall undergo Simple Imprisonment for (1) One Year.
61 of 67 SC 19 of 2023
Further, the Accused No.1 to 4 are sentenced to undergo
Rigorous Imprisonment for (3) THREE Years and imposed to pay fine of
Rs.1,000/- (Rupees One Thousand Only) each for the offence under
Section 326 of Indian Penal Code, 1860, for beating PW1. In default of payment of fine amount, they shall undergo Simple Imprisonment for (6) SIX months.
Further, the Accused No.5 is sentenced to undergo Rigorous
Imprisonment for (3) THREE Years and imposed to pay fine of Rs.1,000/- (Rupees One Thousand Only) for the offence under Section 326 of
Indian Penal Code, 1860, for beating PW2. In default of payment of fine amount, they shall undergo Simple Imprisonment for (6) SIX months.
All the sentences shall run concurrently.
The Accused No.1, 3 & 8 have to pay fine amount of Rs.4,500/- (Rupees Forty Five Hundred Only) each. The Accused No.2, 4 to 7 & 9 have to pay fine amount of Rs.3,500/- (Rupees Thirty Five Hundred Only) each.
The remand period undergone by the accused No.1 to 9, if any, shall set off under Section 428 CrPC.
62 of 67 SC 19 of 2023
The MO.1 to MO.8, MO.11 to MO.41 shall be destroyed after expiry of appeal time.
The MO.9 i.e., Motorcycle bearing No. AP 15 P 1318 and
MO.10 i.e., Motorcycle bearing No. TS 25 A 9823 shall be confiscated to the State.
This Judgment copy is supplied with free of cost to Accused
No.1 to 9.
The accused No.1 to 9 are informed of their right to file appeal against this Judgment before the Hon’ble High Court for the State of
Telangana at Hyderabad. The accused No.1 to 9 are also informed of their right to Free Legal Aid, if they do not have means to file an Appeal in the Hon’ble High Court for the State of Telangana at Hyderabad.
(Dictated to the Stenographer, after transcription, corrected and pronounced by me in the open Court on this the 23rd day of December, 2025).
Sd/-
PRINCIPAL SESSIONS JUDGE,
JAYASHANKAR BHUPALPALLY.
63 of 67 SC 19 of 2023
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR PROSECUTION:
PW1 :L. Sammaiah Nayak. PW2 :L. Sunitha. PW3 :Lavudya Bikini. PW4 :Lavudya Padma. PW5 :Damera Laxman. PW6 :Lavudya Sai Palguna @ Siddu. PW7 :Theppala Devender Reddy. PW8 :Mulkala Thirupathi. PW9 :Bandi Bapu. PW10 :Dasharath Nayak. PW11 :Lavudya Vasantha. PW12 :Mandala Harish. PW13 :Ravula Sammaiah. PW14 :N. Nagaraju. PW15 :J. Mouna Sagar. PW16 :P. Prasad. PW17 :Dr. Swathi. PW18 :Dr. N. Ramesh. PW19 :T. Kiran. PW20 :T. Srinivasa Rao. PW21 :Dr. Vijender. PW22 :B. Hathiram. PW23 :S. Prasad. PW24 :P. Rajeshwar. PW25 :S. Sambamurthy. PW26 :Dr. G. Chandrashekar. PW27 :B. Kishan.
FOR DEFENCE :
- None - 64 of 67 SC 19 of 2023
EXHIBITS MARKED
FOR PROSECUTION:
Ex.P1Report.
Ex.P2Photographs taken at the scene. to P13
Ex.P14Photographs taken at the mortuary. to P31
Ex.P32161 CrPC statements of PW8. & P33
Ex.P34161 CrPC statements of PW9. & P35
Ex.P36 Inquest panchanama of Lavudya Saraiah (Deceased No.2).
Ex.P37 Inquest Report of Lavudya Manjya Naik.
Ex.P38 Inquest panchanama.
Ex.P39Photographs showing the seizure of MO.1 & MO.2. & P40
Ex.P41 Photograph showing the seizure of MO.3 & MO.4.
Ex.P42Photographs showing the seizure of MO.5 to MO.8. to P44
Ex.P45Photographs showing the seizure of MO.9 & MO.10. to P49
Ex.P50 Relevant portion in the confession statement of Accused No.1
Ex.P51 Seizure panchanama of clothes.
Ex.P52 Seizure panchanama of Axes with three sticks.
Ex.P53Photographs shown the seizure of MO.15 to MO.17 to P55
Ex.P56 Postmortem Examination Report issued by PW17.
Ex.P57 Postmortem Examination Report issued by PW18.
65 of 67 SC 19 of 2023
Ex.P58 Wound Certificate.
Ex.P59 Wound Certificate issued by PW18.
Ex.P60 Wound Certificate issued by PW18.
Ex.P61 Wound Certificate issued by PW18.
Ex.P62 Report submitted by PW20 to the DSP, Kataram (6 sheets).
Ex.P63 Wound Certificate issued by PW21.
Ex.P64 Scene of offence panchanama.
Ex.P65 Seizure panchanama of MO.18 to MO.31.
Ex.P66 First Information Report.
Ex.P67 Postmortem Examination Report issued by PW26.
Ex.P68 Seizure panchanama of material objects from the scene of offence.
Ex.P69 (63 sheets) i.e., Xerox copy of pahanies, Xerox copy of Regd. Sale Deeds, Judgment in CC.No. 161/2012 on the file of Principal Junior Civil Judge, Manthani and Orders in IA.No. 413/2014 in
OS.No. 26/2014 on the file of VI Additional District Judge,
Godavarikhani and also paper clippings.
Ex.P70 Requisition sent by PW27 to Tahsildar.
Ex.P71 Requisition sent by PW27 to Tahsildar.
Ex.P72 FSL Report.
Ex.P73 DNA Report.
Ex.P74 RFSL Report.
Ex.P75 DNA Report.
Ex.P76 Letter of Advice.
66 of 67 SC 19 of 2023
FOR DEFENCE:
Ex.D1 Part portion of the 161 CrPC statement of PW3.
MATERIAL OBJECTS MARKED:
MO.1Blue color lungi.
MO.2Shirt of Accused No.1.
MO.3T - Shirt.
MO.4Track Pant.
MO.5Stick.
MO.6Axe.
MO.7Axe.
MO.8Axe (with broken handle).
MO.9Motorcycle.
MO.10 Motorcycle.
MO.11 Pant seized from Accused.
MO.12 T – Shirt.
MO.13 Short.
MO.14 T – Shirt.
MO.15 Stick.
MO.16 Stick.
MO.17 Stick.
MO.18 Stick.
MO.19 Stick.
MO.20 Pink color towel.
67 of 67 SC 19 of 2023
MO.21 One pair of Chappal.
MO.22 Blue color cover consisting chilli powder.
MO.23 Blood stained earth.
MO.24 One Chappal.
MO.25 Black color cover consisting chilli powder.
MO.26 Blood stained earth.
MO.27 White color towel.
MO.28 Bag containing two covers with chilli powder.
MO.29 Blood stained earth.
MO.30 One Thayath with black thread.
MO.31 Dutta.
MO.32 Blood stained white color Doti.
MO.33 White color Shirt.
MO.34 Blood stained white color full Shirt.
MO.35 Green color Pant.
MO.36 White color Banian.
MO.37 Red, Blue color T – Shirt.
MO.38 Pant.
MO.39 Blood stained white Banian.
MO.40 Towel.
MO.41 Red color bangle pieces recovered from the scene of offence.
Sd/-
PRINCIPAL SESSIONS JUDGE,
JAYASHANKAR BHUPALPALLY.