In Re: Kotta Veeraiah and Others

Govinda Menon, J.—I am not satisfied that the case against the different accused has received separate and sufficient attention at the hands

of the learned Judge. The evidence of the prosecution witnesses in certain respects does not make any distinction between the acts attributed to

accused 1 who has now been acquitted and to those attributed to the petitioner here. In a case where a number of people have been jointly tried

for an offence u/s 147 along with an offence resulting from specific acts, the lower Court should have considered the evidence against each of the

accused separately and given definite findings as regards the presence and part taken by each. Moreover, there are inconsistencies and

discrepancies even as regards the evidence relating to the part attributed to some. For example, as against accused 6, 7, 9 and 11 the witnesses

are not quite uniform in their depositions. In these circumstances, I get aside the order of the lower appellate Court only as regards the present

petitioners and direct that the appeal-be re-heard and disposed of according to law.