LexGOLA PULLANNA AND ANR. versus STATE OF ANDHRA PRADESH
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GOLA PULLANNA AND ANR. v. STATE OF ANDHRA PRADESH AUGUST 13, 1996 [G.N. RAY AND G.T. NANA VAT!, JJ.] Indian Penal Code, 1860: Sections 148 and 302 r/w 149-12 accused t1ieli---Accused Nos. 2 died dwing trial Accused No. 5, 3, 5, 7 and 12 acquitted and Accused Nos. J, 4 6 and 8 to 11 convicted by trial court-All 7 accused A B . challenged their conviction-Accused No. 1 died 'dwing the pendency of ap- C peal-High Court holding accused Nos. 5 and 7 were wrongly acquitted, while acquitting Accused Nos. 4.5, 8 and ](}-Whether the conviction of accused Nos. 9 and 11 can be upheld under Sections 148 and 302 read with 149----Held: Yes, the High Cowt recorded a categorical finding that Accused Nos. 5 and 7 were wrongly acquitted-Therefore, even after the acquittal of Accused Nos. D 4, 6, 8 and JO the High Court was justified in proceeding on the basis that more than 5 person participated in the assault. Evidence Act, 1872 : Ei•idence-Appreciation of-Acceptance of the evidence of interested witnesses. Held: To be sc1utinized tt:ith care and caution-No requirenient of lalv that their evidence can not be relied upon in the absence uf independent co"oboration. One 'S', along with his uncle 'B' (PW-1) and his grandson 'J' (PW-2), E had gone to his lime garden for watering lime trees. At about sunset time F they started returning aftd when they had come near the bus stand, Accused No. 1 alongwith other 11 accused assaulted 'S' with hunting sickles, dag· gers, spears and hatchets, because of enmity. "S" died on the spot. "J" remained near the dead body and 'Y' (P.W. 2) went and lodged a complaint (Exh.P·l) in writing. All the accused were tried for offences punishable G under Sections 148, 302 read with 149 IPC and in the alternative for the offences punishable under Section 302 read with section 34 I.P.C. Accused No. 2 died during the pendency of the trial. The sessions judge believed the presence of the three eye-witnesses to the extent of their seeing the attack against the deceased with deadly weapons like spears, hatchets and hunting sickles. However, in view of the corrections made in the names of Accused H 603 604 SUPREME COURT REPORTS [1996] SUPP. 4S.C.R. A Nos.Sand 7 in the written complaint (Exh. Pl) the sessions Judge doubted their participation in the offence and aclJuitted them. Accused No. 3 and 12 were also given the benefit of doubt. The rest of the accused that is Accused Nos. 1, 4, 6 and 8 to 11 were convicted under Sections 148 and 302 read with Section 149 I.P.C. B c D All the 7 accused challenged their conviction. During the pendency of the appeal Accused No. 1 died. The High Court did not agree with the trial court and held that Accused Nos.Sand 7 were wrongly acquitted. The High Court also rejected the contention that there was delay' in lodging the first information report and that it was recorded after deliberation. The High Court believed that P.W.1, P.W. 2 and P.W. 3 were the eye-witnesses to the incident but observed that as they were interested witnesses their evidence was required to be scrutinized with caution. 'The High Court further held that their evidence did not suffer from material discrepancies. As regards Accused Nos. 4, 6, 8 and 10 the High Court gave them the benefit of doubt. As regards other accused the High Court held that their acquittal could not be set aside in absence of an acquittal appeal against them. However, the conviction of Accused Nos. 9and11 was upheld. Thus, the conviction of the appellants and the sentences awarded to them were confirmed by the High Court and to that extent the appeal was dismissed. E In Appeal to this court it was contended for the appellant that admit- tedly, there was enmity between the party of the deceased and the party of the accused and as the three eye-witnesses belonged to the party of the deceased their evidence should not have been accepted without indepden- dent corroboration; that correction of names of Accused Nos. S, 7 and 11 F in the written complaint clearly indicates thatthere were deliberations after the complaint was given to the police and those a,£cused have been falsely implicated subsequently; that in their evidence the eye-witnesses had im- proved upon their versions before the police in .order to bring their tes- timony in conformity with the medical evidence they had stated before the court that blows with hatchets were also given to the deceased and that G Acc
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