Document Fragment View

Matching Fragments

P.W.2 is a pillion seat driver. He has stated in his evidence, what all stated by P.W.1 but while making individual involvement P.W.2 has stated accused Nos. 1, 10 and 9 hacked the deceased on his head with an axe. It means P.W.2 did not involve accused Nos. 2 and 3 in the incident. They came for the first time and hacked the deceased but A1 appears to be common when the deceased was attacked.
P.W.3 also claimed to be an eye-witness to the incident. He has come with a different story altogether. P.W.3 was a pillion seat driver of the motor cycle of the deceased. He stated in his evidence when he had seen the accused hurling bombs at him he requested the deceased to slow down the scooter. Then he jumped from the motor cycle and went towards bushes. He further stated that the deceased went to some distance and fell down. Then A1 hacked the deceased on his neck with an axe and thereafter, he made involvement of A2, A10, A5, A7, A6, A3, A8 and A15.

The contention that the eye-witnesses P.Ws. 1, 2 and 3 were inimically disposed to the accused has been rejected by the Trial Court by assigning cogent reasons and considering the medical and other corroborative evidence. The trial judge critically discussed the evidence of eye-witnesses, namely, P.Ws. 1, 2 and 3 and also analytical description of the part played by each of the accused in causing murderous assault on the deceased and accepted the eye- witnesses account as natural and reliable. P.W.1 stated in his evidence that on the fateful day, he went to Sattenapalli to purchase pesticides. After purchasing pesticides, he came to the centre, where P.W.2 was also standing and both of them started on his scooter to go to the village. When both of them were going on the scooter, they saw the deceased and P.W.3 Muppalla Ramaiah at a medical shop. When they were proceeding, P.W.3 and the deceased also followed them. He stated that after passing Pakalapadu Major canal, they suddenly heard the sounds of explosion of bombs. Then P.W.2, pillion rider on the scooter of P.W.1, informed him that the bombs had been hurled against the deceased and asked him to stop the scooter. Then he stopped the scooter and saw P.W.3 Muppalla Ramaiah jumping from the motor cycle of the deceased and running towards northern side fields. P.W.3 was the pillion rider on the motor cycle of the deceased. He further stated that at that time, the deceased - Rayidi Venkateswarlu was driving the motor cycle slowly. Then accused Nos. 8, 10, 12 and 16 hurled bombs. Accused Nos. 1 to 3 came opposite from southern side armed with axes and hacked on the head of the deceased. Then the deceased fell down. Accused No. 1 hacked the deceased on his neck. A.10 hacked on the head of the deceased with an axe. A.2 hacked on the neck of the deceased with a knife. A.4 to A.7 stabbed the deceased on his stomach with spears. P.W.1 further stated that A.1 and A.10 chased them and then they ran towards the scooter and the accused ran away towards south. P.W.1 also stated categorically that at that time, he had a scooter bearing No. A.P.G. 2253, which he took from one Narasimharao, but he did not get it registered in his name. He admitted that himself, deceased and P.Ws. 2 and 4 were figuring as accused for assault of a woman and A.1 is one of the witnesses in that case. He also admitted that himself and PWs. 2 to 4 are shown as accused in the murder case of Rachakonda Chandraiah. It, therefore, clearly indicates party factions in the village.

P.W.2 stated in his evidence that on the day of the incident, he went to Sattenapalli to purchase a washer of his motor and in his return, he met P.W.1 and both of them started on the scooter of P.W.1 to go to the village. He further stated that when they reached Five Lamps Centre, they found deceased and P.W.3 purchasing medicines and when they crossed Major canal, they heard explosion of bombs and saw P.W.3 jumping from the motor cycle of the deceased. He also stated that accused Nos. 8, 10, 12 and 16 hurled bombs. He further stated that the deceased was proceeding on his motor cycle by escaping the bombs. He categorically stated that accused Nos. 1, 9 and 10 hacked on the head of the deceased with axes. A.2 hacked on the neck of the deceased with an axe. A.10 hacked on the fore-head of the deceased with an axe. A.2 stabbed on the neck of the deceased with a knife. A.4, A.5 and A.7 stabbed the deceased with spears on his stomach. P.W.2 also stated that A.1 and A.10 chased them for a distance. P.W.2 also admitted about the cases pending against him along with other witnesses.

The consistent evidence of P.Ws. 1 to 3 is that after the bomb was hurled at the deceased, the deceased was driving his motor-cycle slowly. P.W.3, who was a pillion rider of the motor-cycle of the deceased, jumped out of the motor-cycle, rushed to the bush and watched the whole incident under the bush. He specifically stated that after the deceased fell down accused No. 1 hacked axe blows on the neck of the deceased. The same is the statement of P.W.-1, who was riding a scooter on the same road at that particular time. The same is the statement of P.W.2. P.W.2 was a pillion rider on the scooter of P.W.1. The witnesses and the accused are from the same village and the incident had happened on 13th October, 1992 at about 5.30 p.m. There cannot be any scope of mistaken identity of the accused. P.W.4 stated that he knew all the accused and the deceased. On the day of the incident, while proceeding on his tractor on the Pakalapadu major canal he saw all the accused armed with axes, spears and knives were going on the road.