STATE OF ANDHRA PRADESH versus GOWTHU RANGHUNAYAKULU AND ORS.

Citation: [1987] 1 S.C.R. 327 · Decided: 19-11-1986 · Supreme Court of India · Bench: A.P. SEN · Disposal: Disposed off
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Judgment (excerpt)

STATE OF ANDHRA PRADESH 
v. 
A 
y 
GOWTHU RANGHUNAYAKULU AND ORS. 
NOVEMBER 19, 1986 
[A.P. SEN AND B.C. RAY, JJ.] 
B 
Criminal Procedure Code, 19~3-Section 354-High Court Judgment 
acquitting all accused-Evidence of prosecution witness who were eye-
witnesses to a gruesome murder-Not at all considered and marshalled-: 
Points for decision not formulated-Judgment set aside-Case remanded lo 
.. .( 
High Court . 
c 
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The ten accused persons forming themselves into an unlawful assembly 
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in. the house of A-1 and arming themselves with spears, sticks and crow-bars 
attacked the deceased while he was returning from the canal carrying water in 
'Kavadi'. As a result of the injuries sustained by the deceased he died. All the ten 
accused were charged under s. 147 J.P.C. accused A-1, A-4, AS and A-6, who D 
were armed with deadly weapons were also charged under s. 148 I.P.C. and 
accused A-1 to A-10 were further charged under s. 302 read with s.149 I.P.C. 
The trial Court acquitted A-4, A-9 and A-10 of all the charges levelled 
against them. Accused A-1 to A-3 and A-5 to A-8 were convicted u/s.147 
I.P.C. and sentenced to undergo rigorous imprisonment for one year. Accused 
E 
·A-1, A-5 and A-6 were convicted u/s. 148 I.P.C. and sentenced to undergo 
rigorous imprisonment for two years. Accused A-1, A-2, A-5 and A-6 were 
convicted u/s 302 read with s.149 I.P.C. and sentenced to death. Accused A-3, 
A-7 and A-8 were also convicted u/s. 302 read withs. 149 I.P .C. but sentenced 
to undergo imprisonment for life. 
l 
F 
The High Court allowed the appeals filed by the convicted accused and 
acquitted all of them of the charges levelled against them and rejected the 
reference. 
Allowing the appeal of the State to this Court, 
G 
HELD: 1. The judgment passed by the High Court acquitting all the 
accused is not a proper judgment in accordance with the provisions of s. 354 of 
the Code of Criminal Procedure 1973. The learned Judge has not at all 
r· 
considered and marshalled the evidence of witnesses examined on behalf of the 
prosecution particularly the evidence of PWs. 1, 3, 4, 6 and 7 who were eye 
witnesses to the gruesome murder committed in the morning at about 7 .30 a.m. 
H 
327 
328 
SUPREME COURT REPORTS 
[1987) I S.C.R. 
A 
The names of all the seven accused appea·red in the F.l.R. [330 q 
B 
c 
2. The learned Judge approached the case from wrong angle and without 
properly formulating the points for decisions and without any proper appraisal 
of the evidences adduced by the prosecution to prove the guilt of the accused 
persons and also without adverting to the reasoning of the Sessions Judge, has 
perfunctorily come to the finding that the prosecution has failed to prove 
beyond doubt the case against the accused even though there are eye-witnesses 
P.Ws. 1, 3, 4, 6 and 7 to the occurrence. [330 E] 
3. The judgment of the High Court is set aside and the case is remitted 
back to the High Court for deciding it i» accordance with law on a proper 
appraisal and marshalling of the evidence on record as early as possible. 
[330 F-G] 
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 12 
of 1978 
D 
From the Judgment and Order dated 19.4.1976 of the Andhra Pradesh 
E 
High Court in Referred Trial No. 2 of 1976. 
K. Ram Kumar for the Appellant. 
G. Narasimhulu and S.K. Mehta for the Respondents. 
The Judgment of the Court was delivered by 
B.C. RAY, J. This appeal by special leave is against the judgment and 
order dated 19.4.1976 made by the High Court of Andhra Pradesh in the 
Referred Trial No. 2 cif 1976 and Criminal Appeal Nos. 159, 168 and 169 of 
) 
>
I 
) 
F 
l 976 acquitting all the 7 accused who were convicted and sentenced by the 
~
Sessions Court, West Godawari Division at Eluru, Andhra Pradesh in Sessions 
·-
Case No. 71 of 1975. 
G 
The prosecution case in short is that on 23rd July, 1974 at 7.30 a.m. the 
accused persons forming themselves into an unlawful assembly in the house of 
the lst accused and arming themselves with spears, sticks and crow-bars 
attacked the deceased while he was returning from the canal carrying water in 
what is locally known as "Kavadi". When the deceased reached the house of the 
l st accused, ali the ten accused came fmn behind and the 2nd accused gave a 
blow with a stick on the back of the head of the deceased as a consequence of 
which he fell down on his back .. Then the lst accused speared the deceased on 
H 
his face and legs, the 5th accused poked the deceased on his
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