LexSTATE OF ANDHRA PRADESH versus VEDDULA VEERA REDDY AND ORS. ETC.
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f ' STATE OF ANDHRAPRADESH v. VEDDULA VEERA REDDY AND ORS. ETC. FEBRUARY 19, 1998 [M.K. MUKHERJEE, S.P. KURDUKAR AND K.T. THOMAS, JJ.] Indian Penal Code, 1860 : Sections 149, 302, 304 Part I and 326- Afurder-Accused entering into the room of deceased with deadly weapons A B at the dead hours of night-Assaulted the deceased causing his instant death-Evidence of eye witnesses-Corroboration by medical evidence- C Conviction and sentence by Trial Court- -On appeal, High Court altered the conviction on the ground that prosecution had failed to prove the common intention of the accused-Validity of-Held, accused were members of unlm1ful assembly sharing common object to assault the deceased-Identified by all the eye witnesses-Evidence of eye witness suffers from no infirmity-Thus D High Court not justified in acquitting the accused of the offences punishable under sec;tion 3021149 and convicting them under section 3041326-Trial Courts order of conviction and sentence restored. Respondent A-1 to A-5 were prosecuted for an offence under section 302/ 149 IPC. The prosecution case was that 'C' and A-1 were brothers. E There father, before his death divided the property amongst his sons, daughters and wife. 'C' went to Iran and during his absence his share of prope1iy was looked after by A-1. On his 'return back, he took the management of his property and asked A-1 to furnish the accounts. This caused enmity between the brothers. On the fateful day 'C' along with his wife PW-3 came to the village and afte1· taking dinner went to sleep in their room. PW-2, the mother and PW-1 the sister also went to sleep in another room. At the dead hours of night A-1 along with five associates armed with deadly weapons entered F the room and started attacking 'C'. PW-3 raised alarm and hearing her cries PW-1 and PW-2 came to the room. When they tried to interfere, they were also assaulted by the accused. 'C' succumbed to his in.iuries. Charges G were framed against the accused. The prosecution examined 19 witnesses including three eye witnesses. The Trial Court convicted A-1 to A-5 and sentenced them to undergo imprisonment for life. HowCYer, on appeal the High Court on the ground that the prosecution had failed to prove the common intention of the accused, H 1007 1008 SUPREME COURT REPORTS [1998) l S.C.R. A acquitted them of the offences punishable under section 302/149 IPC and instead convicted them under section 304/326 IPC. Aggrieved by the order of the High Court, the present a)l)leals were filed. B c Allowing the a)lpeals, this Com1 HELD : 1.1. The evidence of the eye witnesses suffers from no infinnity whatsoever and the ttial court had committed no error in convicting A-1 to A-5 under Section 302/149 IPC and also on other counts. The High Com1 was totally unjustified in alte1·ing the conviction from one under section 302/ 149 IPC to that under section 304 Part-I and 326 IPC. (1016-B; 1013.;AJ 1.2. The evidence of PW-1 and PW-2 the sister and the mother of A- l resJJectively, unmistakably proves that A-1 to A-5 trespassed into the room at 2 A.M. with deadly weapons where 'C' was sleeJJing with his wife. The actual assault was witnessed by his wife PW-3 and she has stated all necessary details about the assault caused by A-1 to A-5. Her evidence was su)lported D by mother and sister of A-1. The evidence of these three witnesses unmistakably indicates that 'C' died on the spot because of several injuries caused by A-1 to A-5. This evidence finds ouppo11 from the medical evidence of PW-15 who performed the autopsy on the dead body. In the teeth of this conclusive evidence, the High Court was totally unjustified in altering the E nature of offence and convicting A-1 for an offence punishable under Section 304 )!art-I. [1013-C-EJ 2. The findings of the High Court that the prosecution failed to establish common intention on the )!art of A-1 to A-5 to commit the murder is totally unsustainable. High Court lost sight of fact that at the dead hours of night F A-1 to A-5 tresspassed into the room with deadly weapons where 'C' was sleeping. It can be inferred with absolute certainty that they were members of an unlawful assembly who came together at the dead hours of the night with deadly wea)lons, shared a common object to assault 'C' and in pursuance thereof assaulted him resulting into his instantaneous death. A-1 to A-5 G were identified not only by PW-3 but also by PW-2 a
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