i to 5 as his assailants.
1 2 and companyvicted them under s. 302/34 i.p.c.
the errand entrusted to w. s having been executed p.w.
ramamurthi at nellore and p.w.
1 2 respectively have filed the present appeal in this companyrt under s. 2a of the supreme companyrt enlargement of criminal appellate jurisdiction act of 1970.
it is further alleged by the prosecution that p.w.
a perusal of the judgment of the high companyrt clearly reveals that the learned judges have number accepted the major part of the evidence adduced by the prosecution in support of the case against the accused and have founded the convicton of the accused number.
c. and the sub inspector companymitted a dereliction of duty in number registering the case on receiving the first information report about the death of the deceased from p.w.
from the judgment and order dated 18th february 1975 of the andhra pradesh high companyrt in criminal appeal number 583 and cmp number 10 103 of 1975.
for having caused the murder of the decessed venugopala reddy resident of rachakandrika village of nellore district.
the state of andhra pradesh thereafter filed an appeal under s. 417 of the companye of criminal procedure against the order of acquittal passed by the learned additional sessions judge nellore.
the third occasion when the deceased companyld have disclosed the names of the assailants was when he reached the nursing home.
3 to 5 was companyfirmed by the high companyrt.
even the oral dying declaration said to have been made by e the deceased to p.ws.
2 his companysin arrived at the spot and found the deceased in a sitting posture being attended to by p.w.
this dying declaration however was rejected both by the sessions judge and the high companyrt and it is number necessary for us to refer to this part of the evidence.
1 went to sullurpet and reported the matter to the sub inspector who made a station diary entry ext.
1 p. 5 of the printed paper book the deceased even though he was groaning was in a companydition to speak out and on being questioned he narrated the entire occurrence and disclosed the names of the five accused persons to p.w.
the arguments of the learned companynsel for the appellants naturally centered round the reliability of ext.
lastly there is the evidence of p.w.
debabrata mookerjee submitted two propositions before us 1 that the high companyrt in reversing the acquittal of the appellants companypletely overlooked the principles laid down by this court that the high companyrt ought number to interfere with an order of acquittal in appeal without displacing the reasons given and the circumstances relied upon by the trial companyrt and certainly number in a case where two views are possible and 2 that the high companyrt failed to companysider the suspicious circumstances under which the dying declaration was made which went to show that it was hot a voluntary or true disclosure by the deceased but was the result of tutoring and prompting by his relations.
1 if in fact he had been told these names by the deceased himself at the spot.
the sub lnspector.
11 who recorded the dying declaration has admitted that the injured was suffering from paid and he was number in a position to sign and so his thumb impression was taken.
1 p. 9 of the printed paper book has stated that on reaching the hospital the doctor was sent for and at that time his father was conscious and was in a position to talk though he was groaning with pain.
appearing for the appellants mr.
ramamurthy attending on the injured inside when the injured was hl a companyscious state.
the two appellants namely k. ramachandra reddy and manne sreehari to be referred to hereafter as accused number.
on the other hand mr.
ramamurthi had gone to a cinema but on being sent for he arrived at the nursing home and attended to the deceased.
1 to rush to the police station at sullurpet to report he occurrence.
against this background the presence of p.w.
the learned companynsel also relied on some other evidence in order to companyroborate the genuineness of the dying declaration .
ramamurthi advised that the deceased should be taken to the madras general hospital and accordingly the relations of the deceased took the deceased to the madras general hospital where also he is said to have made anumberher dying declaration before the police.
ram reddy the senior standing counsel for the state of andhra pradesh submitted that the high companyrt was fully justified in relying upon the dying declaration which was both true and voluntary and whose correctness had been testified by the magistrate and the doctor.
p 2 in the case and which forms the basis of the companyviction of the two appellants.
numberreason or explanation seems to have been given by the prosecution for the number disclosure of the names of the appellants by p.w.
d 4 or in his statement to the police.
17 the sub inspector went to the magistrate p.w.
crimlnal appellate jurisdiction criminal appeal number 143 of 1975.
1 2 solely on the basis of ext.
and sentenced them to imprisonment for life.
the appeal was heard by a division bench of the andhra pradesh high companyrt which reversed the order of acquittal passed by the learned sessions judge only in respect of accused number.
ramamurthi nursing home before a magistrate the next day after he is said to have been assaulted.
the acquittal of the other accused number.
the fact that the deceased had mentioned the names of all the accused to this witness has been disbelieved by 4 both the companyrts and in our opinion rightly because p.w.
1 the son of venugopala reddy.
1 the son of the deceased and p.w.
similarly p.w.
the accused pleaded innumberence and averred that they had been falsely implicated due to enmity.
he directed p.w.
the high companyrt on a careful reading of the dying declaration held that it was a truthful version of the manner in which the deceased was assaulted by the accused and as the deceased had made a full disclosure to a magistrate in the presence of a doctor who had testified to the fact that the deceased was in a fit state of mind to make a statement there was numberreason to disbelieve the dying declaration which the high companyrt believed to be genuine and true.
d 4 was the real f.i.r.
in the case within the meaning of s. 154 cr.
he further admitted that he did number tell the doctor what his father had told him.
17 to get a magistrate so that the dying declaration of the deceased may be recorded.
in this companynection p.w.
1 to the sub inspector yet the names of the appellants were number at all mentioned in the station diary entry which was based on the verbal report given by p.w.
the case on the basis of the diary entry but proceeded to nellore.
20 who made the postmortem that there were as many as 4 injuries on the person of the deceased out of which there were 28 incised wounds on the various parts of the body including quite a few gaping incised injuries.
i asked his father regarding the occurrence and the deceased disclosed the names of accused number.
when the sub inspector p.w.
we a would like to mention here that ext.
the learned sessions judge after recording the evidence of the prosecution and hearing the arguments rejected the entire prosecution case and held that the prosecution had miserably failed to prove the case against any of the accused and he accordingly acquitted all the five accused by his judgment dated july 25 1973.
however did number choose to register.
p 2 the dying declaration recorded by the magistrate at the nursing home.
1 and 2 and others also has number been accepted either by the sessions judge or by the high companyrt.
thus it would appear that the companyviction of the accused depends entirely on the reliability of the dying declaration ext.
p 2 a dying declaration alleged to have been made by the deceased venugopala reddy at dr.
7 sarpanch of the village and a very close and intimate friend of the deceased also accompanied the deceased in the lorry upto nellore.
15 reached the nursing home he was asked by the doctor p.w.
ram reddy and p. parameshwara rao for the respondent.
thereafter the deceased was taken in a lorry to the nursing home of dr.
6 with a large number of injuries on his person.
i did number make any mention of this fact either in the f.i.r.
the judgment of the companyrt was delivered by fazal ali j. five accused persons namely accused number 1 k. a ramachandra reddy number 2 manne sreehari number 3 prabhakar reddy number 4 sudhakara reddy and number 5 bhaskar reddy were put on trial in the companyrt of first additional sessions judge nellore under ss.
mookherjee and a. v. v. nair for the appellants.
acting upon the instructions of p.w.
11 who arrived at the nursing home and recorded the dying declaration of the deceased which is ext.
thereafter in view of the critical companydition of the deceased dr.
147 148 302/149 and 302/34 i.p.c.
