Respondents 1 and 2 preferred Criminal Appeal No 308 of 1975 to the High Court.
7 and 8.
During the inquest he examined PWs 5 and 6 and thereafter he examined other witnesses including PWs.
Respondents 1 and 2 who were arrayed as A1 and A2 and two others were charged under Section 302 read with Section 34 of the Indian Penal Code for having companymitted the murder of one P. Narasaiah of Kalekal village at about 7.30 a m. on November 25, 1974 by respondents 1 and 2 attacking him with an axe M.O. 4 and knife M.O. 9 respectively and the other two accused holding him during the attack to facilitate the crime.
All these witnesses saw respondents 1 and 2 felling down the deceased by attacking him with axe and knife.
After the assailants had left the scene PW 6 sent word to PW 1 Malikarjun, son of the deceased.
As already stated the learned Sessions Judge accepted the evidence of the eye witnesses and found accused 1 and 2 guilty as charged and companyvicted them accordingly.
Autopsy on the body of deceased Narasaiah was done by PW 15 Dr. M.A. Hafees.
PW 1 came to the scene and after being informed about the occurrence he rushed to the Police Station at Toopran, about 20 K.M. away and gave a report Exhibit P 1 at about 8.20 p.m. After registering a case and sending express reports to the companycerned authorities PW 19 proceeded to the scene of occurrence and companyducted the investigation.
1, 9 to 11 and 13 were grievous ones and the victim would have died on account of shock and haemorrhage resulting from these injuries.
308 of 1975 setting aside the companyviction of Respondents 1 and 2 under Section 302 read with Section 34 of the Indian Penal Code and the sentence of imprisonment for life awarded therefor and acquitting them.
At once PW 5 called out PW 6 and he came out followed by PW 7 Kanigri Narsiah and PW 8 Baigari Chandraiah, who were taking tea in the tea shop.
The respondents were absconding for a few days but eventually they were traced and arrested.
The investigation was taken over on that evening by PW 20, the inspector of police.
Besides PW 4 mentioned above, PW 5 Mangali Narsaiah who had just came out of the tea shop of PW 6 after taking tea, saw the respondents launching their attack on the deceased.
He found 13 injuries on the dead body and he has opined that injuries 7, 8, 10 and 13 companyld have been caused by attack with an axe and injuries 1, 2, 5, 9, 11 and 12 companyld have been caused by attack with a knife and injury number 6 was an abrasion.
At about 7.00 a.m., when he came near the tea shop of PW 6 Shaik Ali, he was attacked by respondents 1 and 2 with an axe and knife respectively.
The axe and knife alleged to have been used by them were recovered at their instance during the companyrse of investigation.
In their statements the respondents pleaded innocence and denied the prosecution case against them in its entirety.
He has further stated that injury number.
The knife had been carried by the second respondent but as regards the axe it is said to have been snatched from PW 4 Laxmi Narsiah, a shepherd standing nearby.
On the morning of November 25, 1975 deceased Narasaiah, who was a sarpanch and a money lender left his house for the bus stand in order to proceed to Hyderabad.
Natarajan, J. This Appeal by Special Leave by the State of Andhra Pradesh is directed against the judgment of the High Court of Andhra Pradesh in Criminal Appeal No.
