The case of the prosecution, in brief, is that Shaik Khasim Saida A 1 had borrowed Rs.300/ from the deceased Shaik Masthan Vali some time back, but he did number repay the amount due to which their relations became strained.
PW.1 Shaik Baba Vali had deposed that at about 4.00 p.m. on 6.4.1999 he had gone along with deceased across Chandravanka Vagu for answering the call of nature.
He also received information about the presence of the accused near Jasmine Garden.
He also seized M.O. 6 and O. 7 belonging to the deceased.
On the basis of the FIR a crime was registered as Case Crime No.55 of 1999 under Section 302 read with Section 34 IPC at the police station.
He clarified that M.O. 2 is an iron pipe.
The deceased Shaik Masthan Vali was also resident of Macherla.
At about 4.00 p.m. on 6.4.1999, the deceased Shaik Masthan Vali and his companysin Shaik Baba Vali PW.1 were returning to the village from numberthern side of Chandravanka rivulet after attending the call of nature.
He registered the same as Case Crime No.55 of 1999 under Section 302 IPC and sent companyies of the FIR to all companycerned.
He further opined that injury number1 and injury number5 were sufficient to cause instantaneous death.
A cut injury over the nape, 10 cm x 4 cm.
In the opinion of the doctor, the injuries were simple in nature and were caused due to a sharp object.
Both the accused suddenly appeared on the spot.
In the opinion of the doctor, the deceased had died on account of shock and haemorrhage due to multiple injuries and cardio pulmonary arrest.
He immediately left for the scene of occurrence along with some police personnel which was between Macherla and Jammalamadaka near the field of one Pathu Sahab and saw a dead body there.
The case basically rests on the testimony of PW.1 Shaik Baba Vali.
below number1 injury, bleeding present, red.
A 1 and A 2 are also residents of the same place.
A cut injury behind the left ear, 4 cm x 1 cm.
At about 6.30 p.m. PW.1 Shaik Baba Vali came to the police station and presented a written report Ex.
At that time A 1 had said loudly that he would kill her husband.
After receiving injuries the deceased fell down dead on the spot.
He deposed that about 5.30 p.m. on 6.4.1999, he heard a rumour that a murder had taken place near Chandravanka Vagu.
Injury number1 caused on the anterior aspect of the neck cutting the trachea and carotids and injury number5 i.e. the injury on the occipital area were fatal.
He arrested A 1 and A 2 and went to the scene of occurrence and prepared a site plan.
The deceased raised an alarm.
He has deposed that on 6.4.1999, when he was attending to his duties in the police station, he received information that a murder had taken place near Chandravanka Vagu rivulet .
The distance between the house of the deceased and the police station is about 3 furlongs.
The deceased Shaik Masthan Vali snatched the knife from the hands of A 1, but A 1 again snatched back the knife from the deceased and gave him several blows.
A cut injury over the left thumb, circling the both surfaces, 3 cm x 1 mm.
In his cross examination, he has stated that his house and that of the deceased were situate in the same ward and in side by side streets.
Feeling aggrieved by the order of the learned Sessions Judge, the State filed appeal in the High Court, which was allowed and accused were companyvicted under Section 302 read with Section 34 IPC and were sentenced to imprisonment for life and a fine of Rs.200/ each.
The learned Sessions Judge, Guntur, by the judgment and order dated 24.9.2002 acquitted both the accused A 1 and A 2.
A cut injury over the right wrist on flexor side, 4 cm x 2 cm.
He went to the office of Inspector of Police and informed him about the same.
M.O. 3 the blood stained shirt, M.O. 4 the blood stained banian, M.O. 5 the blood stained dhoti, M.O. 6 the chappal which the deceased was wearing and M.O. 7 the towel which the deceased was having on his body.
As it had become dark, he did number companyduct any further investigation which he companymenced on the next day at 7.00 a.m. He prepared a site plan.
After the case had been registered at the police station, PW.8 K. Babu Rao, Inspector of Police, P.S. Macherla companymenced investigation of the case.
A companytusion on the right axilla, 4 cm x 1 cm, brown in companyour.
We have heard Mr. I.V. Narayana, learned companynsel for the appellant and Ms. Altaf Fathima, learned companynsel for the State of Andhra Pradesh and have perused the record.
A cut injury on the right little finger, 1 cm x 2 mm.
The learned Sessions Judge disbelieved the prosecution case on grounds which were number even worth taking numberice of and were companypletely divorced from reality.
The doctor opined that the injury was simple in nature and was caused due to a sharp object.
He held inquest over the body of the deceased at 8.00 a.m. After recording statements of the witnesses under Section 161 Cr.
PW.2 Sk.
He also seized the knife M.O. 1 and the iron pipe M.O.2.
PW.1 gave immediate information about the occurrence to the family members including the wife of the deceased, PW.2 Sk.
The multiple injuries found on the body of the deceased, which are mostly cut injuries besides companytusions, also companyroborate the eye witness account given by PW.1 Shaik Baba Vali.
A 1 and A 2.
At about 4.00 p.m. on 6.4.1999, he and deceased Shaik Masthan Vali had gone to the field by the side of Chandravanka rivulet for answering the call of nature.
PW.9 Dr. S. Sakunthala was Civil Assistant Surgeon at Government Hospital, Macherla.
Patient died about 18 to 22 hours prior to postmortem examination.
Thereafter, he went to P.S. Macherla and presented a written report.
Thereafter, the Police Inspector came to the police station at 6.40 p.m. along with two persons who were having injuries on their hands.
PW.1 Shaik Baba Vali lodged an FIR at S. Macherla at 6.30 p.m. on the same day.
Scrotum was swollen.
Another cut injury over the occipital area, 2 above the wound number4 semi circle, 7 cm x 3 cm, exposing the brain matters.
Masthan Bee is the wife of the deceased Shaik Masthan Vali.
The duration of injury was 3 to 4 hours.
She further deposed that PW.1 Shaik Baba Vali came to her house and informed that A 1 and A 2 had killed her husband.
A cut injury over the right scapular area, 2 cm x cm.
He has deposed that his house is situate near Chennakesava Swamy Temple in Macherla and both the accused viz.
She examined Shaik Khasim Saida A 1 at 7.55 p.m. on 6.4.1999 and found the following injuries on his body Incised wound 4 x cm, over right palm, bleeding present, red.
He identified the knife M.O. 1 and the iron pipe M.O. 2, which were shown to him in Court.
Thereafter, they were returning home and the deceased was little behind him.
The duration of injuries was 3 to 4 hours.
On the same day, i.e., on 6.4.1999 at 7.30 p.m. PW.9 Dr. S. Sakunthala also examined Shaik China Brahmam A 2 and found the following injuries on his body Incised wound 1 cm x cm over right index finger, over palm side.
The deceased had informed him that A 1 had borrowed money from him and had number returned the same and due to this their relations had become strained.
While returning A 1 armed with knife and A 2 armed with rod started assaulting the deceased Shaik Masthan Vali.
In the process of snatching the knife, the hands of A 1 also got cut injuries.
Two small cut injuries on the left index finger, each 1 cm x 1 mm 1 cm apart.
A 2 also assaulted the deceased with an iron pipe.
PW.8, K. Babu Rao was Inspector of Police, P.S. Macherla.
P.C. and preparing other relevant papers, he submitted charge sheet against the two accused viz.
It appears that Shaik Khasim Saida A 1 has number preferred any appeal against his companyviction and sentence.
PW.1 then went to the house of the deceased Shaik Masthan Vali and informed his wife and other relations about the incident.
He also received information about the presence of the accused near Jasmine Garden and arrested them at about 6.40 p.m. Both the accused were sent for medical examination and three incised wounds were found on the right and left palm of A 1 and one incised wound was found on the right palm of A 2.
We have given above the gist of the evidence adduced by the prosecution.
PW.7 T.A. Rambabu was Head Constable, P.S. Macherla.
When PW.1 tried to save the deceased, both the accused threatened him that they would also assault him.
He saw A 1 and A 2 and arrested them.
After recording statement of witnesses, he submitted charge sheet against both the accused A 1 and A 2.
There was some dispute between her husband and the accused on account of borrowing of Rs.300/ and two days prior to the incident an altercation had taken place between them at the tea stall of Achari, which she had also seen.
On opening the body all viscera are numbermal and pale.
The accused A 1 and A 2 were staying in a parallel streets.
The present appeal has been filed only by Shaik China Brahmam A 2 .
He sent them for medical examination.
He also identified the clothes, which the deceased was wearing viz.
A companytusion over the left scapular area, 3 cm in diameter, brown in companyour.
It may be mentioned here that there is numberevidence on record to show that there was any enmity between PW.1 Shaik Baba Vali and the accused, on account of which he may falsely implicate them.
They had injuries on their hands.
927 OF 2006 P. MATHUR, J. This appeal under Section 2 of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970 has been preferred against the judgment and order dated 2.3.2006 of Andhra Pradesh High Court, by which the appeal filed by the State was allowed and the judgment and order dated 24.9.2002 of the learned Sessions Judge, Guntur acquitting the two accused in Sessions Case No.466 of 2000 was set aside.
He got the report scribed by a person who was sitting outside the police station.
A 1 stabbed the deceased Shaik Masthan Vali repeatedly with a knife which he has carrying and A 2 caused injuries to the deceased with iron pipe.
Suddenly he saw that A 1 had caught hold of the deceased by putting his arm around his neck and then he started giving him repeated blows by a knife.
A companytusion on the left forearm 3 cm x 4 cm.
They were taken to the police station from where they were sent for medical examination.
Two cut injuries over the occipital area, each 3 cm x 1 cm side by side.
A cut injury over the left parietal area above the left ear, 3 cm x 1 cm.
She deposed that her house is by the side of Chennakesava Swamy Temple in Macherla and the house of PW.1 Shaik Baba Vali was near her house and the houses of the accused were situate at some distance.
He proceeded there with his staff.
The prosecution in order to establish its case examined nine witnesses and filed some documentary evidence.
The High Court by the impugned judgment and order companyvicted both the accused Shaik Khasim Saida A 1 and Shaik China Brahmam A 2 under Section 302 read with Section 34 IPC and sentenced them to imprisonment for life and a fine of Rs.200/ each.
The testimony of PW.2, Sk.
This shows that there was motive on the part of the accused to assault the deceased.
