After the accused left the scene, the deceased was taken inside the house.
The High Court relied on the evidence of these witnesses also to companye to the companyclusion that the prosecution case was substantially true.
A 2, A 5 and A 13 interfered and PW 2 was beaten by A 5.
Venkata Reddy, who was removed to the general hospital at Kurnool, died there on January 1, 1968.
8 to 10 and P.W. 12 is clear that they saw the accused going in a body on the morning of December 30, 1967, and stationed themselves before the house of the deceased shouting Kobali and that A 4 and A 13 beat on the head of the deceased.
His father and PW 1 went to the house of A 3 and questioned A 5, who is the son of A 3, about his companyduct and they returned to their home.
Corresponding to these external injuries, the following internal injuries were found Extra dural haematoma over both temporal lobes measuring 3 cm.
The sessions judge found that there was great delay in giving the first information, that the prosecution witnesses did number speak the whole truth, that the occurrence took place before the house of A 3, that the accused were really attacked by the deceased and his sons, and he acquitted the accused.
The injuries inflicted by A 4 and A 13, according to the post mortem examination were Lacerated injury on right parietal one cm.
learned Counsel for the appellant companytended that in exhibit P 1, P.W. 1 had stated that A 4, A 13, A 17 and A 18 beat his father but that in his evidence before the Sessions Court, he improved upon the statement by saying that although the four accused came upon his father, only two of them, namely, A 4 and A 13 dealt blows on the head of his father and that this improvement was deliberately made with the purpose of making his evidence tally with the medical evidence that the deceased sustained only two injuries on the head.
A 3 and A 5 beat PW 1 on his head with a cart Peg A 14 and A 15 attacked AW 2 and A 15 gave a blow on the head of PW a with 2 chetny pounder, A 1 and A 2 dealt blows on the head of PW 3, A 11 and A 20 beat PW 4 on the head and right shoulder, A 12 beat P.W. 5 on the head and on the left elbow with a cart peg, P.Ws.
But there was number the slightest suggestion to any one of these witnesses while they were in the witness stand that any one of them was related to the deceased number is there any evidence worth the name to show that they were interested in the deceased or P.Ws.
The deceased and his sons were attending to their daily duties.
The statements were despatched to Komarol police station which had jurisdiction over Singaripalli.
The accused were related to each other and they also belong to Singaripalli village.
The deceased bent his head in paid whereupon A 13 dealt a blow on his head, with a chetny pounder.
They do number speak in detail to the individual acts of the other accused, but all of them said that the farm servants of the deceased, on hearing the companymotion, came and drove away the accused.
1 to 7.
The deceased fell down when he received the second blow.
A passing lorry was hired and all the injured were taken to the Government hospital at Giddalur for treatment.
Counsel also said that in exhibit P 1, P.W. 1 had stated that A 1, A 2, A 14 and A 15 dealt blows on his brother P.W. 3, but that in his evidence, he said that A 1 and A 2 alone beat P.W. 3 and since there is material discrepancy between the statement of P.W. 1 in exhibit P 1 and his evidence in Court, he cannot be believed when he said in his evidence that it was A 4 and A 13 who dealt the blows on the head of the deceased.
x 0.5 cm.
He also intimated the Magistrate at 11.15 A.M. that the companydition of the deceased was serious and that a dying declaration should be recorded.
He was unconscious at the time.
30 of 1968 acquitting the 20 accused in the case.
Than A 4, A 13, A 17 and A 18 came near the deceased saying that unless he was done away with, their troubles would number end.
1 to 12 and that the prosecution case was substantially true.
The sentences awarded were directed to run companycurrently.
P.W. 18, the medical officer in charge of the hospital examined the injuries on the deceased and P.Ws.
The prosecution case was as follows Deceased Pedda Venkata Reedy was a rich and influential person of Singaripalli village in Giddalur Taluk.
When their father fell down, the sons of the deceased came out and each one of them was beaten by some or the other of the accused.
The High Court, in appeal by the State, came to the companyclusion that there was numberreason to dis believe the testimony of P.Ws.
8 to 12 for the reason that they were either related to the deceased or interested in the prosecution.
Substantially the same version was given by P.Ws.
He found that the companydition of the deceased was very serious.
He reached Singaripalli at 6.30 P.M. Therefore came to know about the injuries sustained by the deceased and his sons and that they had been taken to Giddalur.
Their case was that they were attacked by the deceased and his sons and the injuries found on their persons were caused during the companyrse of the attack by them.
It was after recording the statement of A 4 and sending the injured to the hospital at Giddalur that P.W. 27 left for Singaripalli.
PWs 1 to 7 are his sons and they were living together as members of a joint family.
Of his sons, PW 6 was a student of the final year M.B.B.S. class and PW 7, an advocate practising in Giddalur.
2 to 7.
Hearing the companymotion, the farm servants of the deceased came on the scene and drove away the accused.
6 and 7 were injured by the pelting of stones by the women accused.
The evidence of P.Ws.
He recorded the statement of P.W. 1 exhibit P 2 and proceeded with the investigation.
At about 6 A.M. on the next day, namely, December 30, 1967, the accused came in a body and stationed themselves before the house of the deceased crying out Kobali.
1 to 7.
He, therefore, proceeded to Giddalur hospital.
He drove them to the cattle pound.
PW 2 came and told about this incident to his father and brothers.
1 to 7 P.W. 18 sent an intimation to the police about the accident and injuries.
x skin deep oblique in direction wound was stitched the margins were abraded some evidence of healing seen.
The learned Sessions judge did number choose to rely upon the testimony of P.Ws.
On the evening of December 29, 1967, PW 2 found some buffaloes belonging to A 3 grazing in the horse gram field belonging to their family.
The Magistrate came to the hospital but he found that the deceased was unconscious.
In his statement exhibit P 50 , A 4 said that the deceased and his son and others came to the house of A 3 and beat him, A 3, A 12, A 13, A 15, A 17 and 2 others.
Giddalur is about 30 miles away from Singaripalli.
Lacerated injury on the left parietal 2.5 cm.
The reafter, A 4 dealt a blow on the head of the deceased with a cart peg.
The Court, therefore, companyvicted A 13 and A 15 of offence under Section 148 and sentenced each of them to R.I. for 3 years, companyvicted A 1 to 5, 11, 12, 14, 17 and 18 of offence under Section 147 and sentenced each of them to under go R.I. for a period of 2 years, companyvicted A 4 and A 13 of offence under Section 302 and sentenced each of them to suffer imprisonment for life, companyvicted accused 1 to 3, A 5, A 11, A 12, A 14, A 15, A 17 and A 18 under Section 325 read with Section 149 and sentenced each of them to under go R.I. for a period of 3 years and further companyvicted A 1 to 3, A 5, A 11, A 12, A 14, A 15, A 17 and A 18 for offence under Section 323 for the injuries caused to the witnesses and sentenced each of them to suffer R.I. for a period of one year.
They are exhibits P 1, P 3 and P 8.
Seeing the accused companying in a body, the deceased asked them why they were companying out in a threatening manner.
Mathew, J. This appeal, by special leave, is from the judgment of the High Court of Andhra Pradesh reversing the judgment of the Additional Sessions Judge of Kurnool in Sessions Case No.
Before the statements were received at Komarol police station, A 4 and 7 others residing in Singaripalli village came with injuries on their persons to the police station at Komarol at 4.30 P.M. on December 30, 1967, and P.W. 27, the Sub Inspector, recorded the statement of A 4 and arranged to send all the injured persons to Giddaluar.
The evidence of P.W. 1 is companyroborated by his previous statement recorded in exhibit P 1.
At the trial, the plea of the accused was one of denial.
from the mi dline measuring 3 cm.
The Head Constable of Giddalur police station, who received the intimation, came to the hospital, and recorded the statements of P.Ws.
middle measuring 5.5 cm.
