CRLA/1846/2007 of The State of Andhra Pradesh, Vs Gadda Raghavaiah,

THE HON’BLE SRI JUSTICE K. SREENIVASA REDDY Criminal Appeal No.1846 of 2007 Judgment: This Criminal Appeal is preferred by the State against the Judgment dated 15.06.2006 passed in SC No.65 of 2005 by the learned Assistant Sessions judge, Kovvur, whereby and whereunder respondents 1 to 10 herein/A1 to A10 were found not guilty of the offences punishable under Sections 148, 452, 324, 427 and 307 read with 149 IPC, accordingly, they were acquitted of the said charges. 2. Case of the prosecution is as follows. i) All the accused and PWs.1 to 4 are residents of Kotha Minagallu. There were disputes between the family of A4 and PW.3 with regard to Sivaijama land. On 15.02.2000, a petty quarrel ensued between PW.4 and A8 in fetching water from the public tap. Due to fear, PW.4 went to Kovvur and stayed with PW.5. On 03.03.2000, PWs.4 and 5 went to Kotha Minagallu village. PW.5 also learnt that accused planned to attack them and decided to go back to Kovvur on the next day. On 04.03.2000, at about 05.00 AM, PW.5 came out from her house to 2 SRK, J Crl.A.No.1846 of 2007 go to Tea shop. At that time, all the accused formed themselves into an unlawful assembly, armed with sticks and knives, w