Andhra Pradesh Faction Killings: Supreme Court Partially Convicts Accused After High Court Acquittal

The Supreme Court of India delivered a significant judgment in The State of Andhra Pradesh vs. Pullagummi Kasi Reddy Krishna Reddy & Ors., concerning a faction feud in Chindukur village, Kurnool District, Andhra Pradesh. The case involved violent killings in a longstanding conflict between two factions, leading to the deaths of four individuals in a brutal attack using country-made bombs, hunting sickles, and iron pipes.

The Supreme Court partially reversed the High Court’s acquittal of all the accused, convicting some under Section 302 IPC for murder while upholding the acquittal of others due to lack of evidence.

Background of the Case

The village of Chindukur had a history of factional violence between two groups led by V. Venkateswara Reddy and Sivarami Reddy (Deceased No.1). After the murder of V. Venkateswara Reddy in 1992, his supporters retaliated by killing four people from the opposing faction. In 1994, faction violence erupted again, leading to the tragic deaths in question.

The Incident of October 30, 1994

On the fateful day, Sivarami Reddy (Deceased No.1) was on his way to Gadivemula Police Station to mark his attendance as per bail conditions. He was accompanied by his supporters and police escorts in a jeep. As the jeep passed the house of A-1 (the wife of the slain V. Venkateswara Reddy), a bullock cart was pushed onto the road by A-2, A-3, and A-4, blocking the path.

A-1 allegedly exhorted her supporters to attack. Several accused (A-5 to A-15) hurled country-made bombs, killing the jeep driver Y. Ayyapu Reddy (Deceased No.2). Sivarami Reddy tried to escape but was struck on the head by a bomb thrown by A-7, killing him instantly. Rami Reddy (Deceased No.3) was hacked to death with sickles and iron pipes. Kambagiri Ramudu (Deceased No.4) was chased and killed when a bomb thrown by A-13 exploded on his back.

Trial Court and High Court Findings

The Trial Court convicted 35 accused under Section 302 read with Section 149 IPC and sentenced them to life imprisonment. However, 12 accused were acquitted due to lack of evidence.

The High Court later overturned all convictions, citing unreliable witness testimony and contradictions in the prosecution’s case. The High Court ruled that many accused were falsely implicated due to faction rivalry.

Petitioner’s Arguments

The counsel for the State of Andhra Pradesh argued:

• The factional conflict provided a strong motive for the attack.
• There was no delay in filing the FIR, and witness testimonies were consistent despite minor contradictions.
• The High Court erred in dismissing the evidence of injured eyewitnesses.
• Medical and forensic reports corroborated the prosecution’s version.
• In faction-ridden villages, independent witnesses do not testify due to fear.

Respondent’s Arguments

The defense contended:

• Acquitted persons cannot be implicated again, and the burden of proof was on the prosecution.
• The High Court’s judgment should not be disturbed unless found to be perverse.
• All prosecution witnesses belonged to the rival faction and had a vested interest in implicating the accused.
• The incident, as narrated by the prosecution, was highly improbable.
• The accused had already suffered a 25-year-long trial.

Supreme Court’s Key Observations

The Supreme Court noted:

“The principle of ‘Falsus in uno, falsus in omnibus’ has not been accepted in India. Even if some accused are acquitted, others can still be convicted based on credible evidence.”

The Court emphasized that minor contradictions in testimony should not outweigh substantial evidence pointing to the guilt of the accused. It held that the High Court had wrongly discarded the testimonies of key witnesses.

Final Judgment and Convictions

The Supreme Court upheld the acquittal of some accused but convicted others:

• Convicted and sentenced to life imprisonment: Pullagummi Kasi Reddy Krishna Reddy (A-13), Kondapuram Narayana Reddy (A-16), Vade Malesh (A-18), Yedula Rami Reddy (A-19), Perugu Pedda Venkateswarlu (A-20), Mulla Sha Hussaini (A-21), Mulla Moula Peera (A-22), Vade Hanumanna (A-26), and Vadde Venkatesu (A-28).
• Acquittals upheld: A-6, A-9, A-11, A-12, A-14, A-17, A-23, A-25, A-27, A-29 to A-37, A-40, and A-41.

Conclusion

This judgment highlights the complexities of cases involving factional violence. While the Supreme Court acknowledged the possibility of false implications due to rivalry, it carefully analyzed witness testimonies and forensic evidence to ensure justice. The ruling reiterates that while minor contradictions should not invalidate credible evidence, courts must remain vigilant in distinguishing between genuine accusations and motivated allegations.

Petitioner Name: The State of Andhra Pradesh.
Respondent Name: Pullagummi Kasi Reddy Krishna Reddy & Ors..
Judgment By: Justice S.A. Bobde, Justice L. Nageswara Rao.
Place Of Incident: Chindukur village, Kurnool District, Andhra Pradesh.
Judgment Date: 03-07-2018.

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