Document Fragment View

Matching Fragments

4. While things stood thus, on 18.11.2006 at about 7.00 a.m, A-1 learnt through T.Raghava Reddy that the deceased Srihari Reddy and Shyamala were getting the land ploughed, immediately he sent one 5 CPK,J & JUD,J Crl.A.1192 of 2014 Mallaiah to the field instructing him to ask the deceased not to cultivate the land as it was in dispute. But the deceased without heeding his request continued tilling or ploughing the land. On that, Mallaiah returned to the house of A-1 and informed the same to him. On that A-1 became wild and left his house along with A-2 and A-3 armed with Machu Kathies (billhooks) and found Murali and Krishnaiah (PWs 2 and 6) cultivating the land in question. A-1 and A-2 requested the deceased to stop to cultivate the land, but they refused to do so. On that, the accused grew wild, and that A-1 at the instance of A-3, hacked Srihari Reddy (D1) with Machu Kathi. On that he fell to the ground. Then A-2 hacked Syamala (D2) with Machu Kathi on her chest. Meanwhile, Srihari Reddy (D1) died on the spot due to hemorrhage and shock due to injuries caused to vital organ (heart) and blood vessels of his body. On seeing this Syamala started running from the field, A-1 chased her, caught hold of her tuft of hair and hacked on her neck twice due to which she fell down and died. P.Ws.2 and 5 who witnessed the said incident ran into the village due to fear. On the same day i.e., on 18.11.2006 at about 12.00 noon A.1 went to Sydapuram Police Station with bloodstained Machu Kathi and confessed the crime before the Sub Inspector of police. PW 13-the Sub Inspector of Police before whom he made the confession, recorded his statement and registered a case against him based on his statement and sent the FIR and complaint copies to all the concerned officers, and that the Inspector of Police, Naidupet (LW 16), who was holding additional charge of Gudur Circle, investigated into the case, but he was not examined as he was expired.

22. The evidence given by PW 2 as regards to witnessing the commission of offence is attacked and questioned by the appellants. As per their version he was not a truthful witness, no reliance be placed on his testimony. The credibility of the evidence of PW 2 which is challenged by the appellants will be discussed later.

23. The next other witness for the prosecution to claim that it has proved the complicity of the accused is PW 3-A.Eswaraiah, the father of PW 2, who according to the prosecution is also another direct eyewitness for the incident in which D1 and D2 are attacked. PW 3 testifies that he is a resident of Griddaluru village of Sydapuram Mandal and he lives by doing coolie work. He knows A1 to A3 and D1 and D2, LW-5 R.Venkataiah, PW 4-M.Mallaiah and PW 6-M.Kistaiah. As per his version, on the date of the incident at about 8 a.m he came to know that there was galata in the field of D2, and that he had seen the said galata; He claims that he saw A1 and A2 chasing D1 and that A1 hacked D1 on his legs, and after D1 fell to the ground A3 pushed him into the land of D2 and that A2 hacked D1 on left side of his body with Machu Kathi; While D2 was running away, on seeing this, A1 ran after her and caught hold of her tuft of hair and hacked her with Machu Kathi, due to which D1 and D2 died on the spot; On seeing the aforesaid incident, due to fear, himself and Venkataiah (who was not examined) ran into the village.

26. PW 3, the father of PW 2, who also claims to be an eyewitness to the incident testifies that he came to know that there was a galata in the field of D2 around 8 a.m and that he saw the said galata. As per his version, A1 and A2 armed with knives chased D1 and that A1 hacked on the legs of D1 and after he fell to the ground A3 pushed D1 into the field 14 CPK,J & JUD,J Crl.A.1192 of 2014 and then A2 hacked on the left side of his body with Machu Kathi; while D2 was running away on seeing the attack on D1, A1 went after her and caught hold of her tuft of hair, hacked her with Machu Kathi, due to which, both D1 and D2 died on the spot.

Today i.e. 18.11.06, at about 7.45 am in the morning, while I was in the field at outskirts, having come to know that Srihari Reddy and 21 CPK,J & JUD,J Crl.A.1192 of 2014 Syamala had been ploughing the land, I sent MNoggam Mallaiah conveying the information to them that the said land has been in court proceedings and not to plough it. He returned and informed me that they did not heed his word and have been ploughing the land. Then, I, having taken a billhook lying in the land, had been to the land where Srijhari Reddy and Syamala were present. There, they were getting the land ploughed through Golla Eswaraiah. Then I question as to why the land was being ploughed having come to the land though she would follow Srihari Reddy married him. Then Srihari Reddy and Syamala having altercated with me, firstly I hacked with the billhook in my hand on two legs and two hands forcibly. When Syamala came to his rescue, she was pushed down and hacked on her shoulder and on hacking on her neck, she died. Later, Srihari also died. Having confirmed that both of them died, I came to the police station, Sydapuram and informed about the murders to the S.I. I also showed the billhook, saying that it was the knife with which I hacked them and I surrendered before the police handed over the said billhook to the police. Then the S.I reduced my narration into writing and upon read over the contents to me, I having found them correct, I subscribed my finger print and signature over it."