They took revenge on me due to previous enmity.
PW 21 also was present at that time in the hospital.
PW 10 admitted the injured into Cardio Thoracic Ward and asked the SI to fetch the Magistrate for recording the dying declaration.
The dying declaration reads thus Ex.
After companying home, PW 7 informed PW 16 about what he had heard.
Hence the present appeal.
He asked PW 1, who was working as House Surgeon in the Casualty Department to record the dying declaration of the deceased.
PW 10, the Civil Assistant Surgeon who was on duty, examined the injured and found 10 injuries and issued the wound certificate Ex.
The trial companyrt discarded Ex.
At about 7 p.m. he came near the State Bank and saw A 1 to A 7 and the absconding accused Sriramulu and heard Sriramulu telling A 1 and A 4 to do away with the deceased.
PW 2 ran to the police station to give a report about the incident to the Inspector of Police, PW 21 who made an entry in the general diary and along with SIs and head companystables rushed to the scene of occurrence.
P 1 pointing out certain infirmities and also held that the same was number recorded at 8.35 p.m. as claimed by the prosecution but it was brought into existence later.
The dead body was sent for postmortem and the Doctor found a number of incised injuries, which companyld have been caused by knives and axes.
The deceased asked him to take him to the police station as he had to mark his attendance.
Therefore he companyld number undertake any surgical treatment.
The companydition of the injured Narasing Rao was serious.
Since numberovert acts were attributed to A 4 to A 7, the High Court companyfirmed their acquittal but set aside the acquittal of A 1 to A 3 and companyvicted them as mentioned above.
When I reached Rajeswar Talkies two persons namely Babu and Daya caught hold of me and Raju A 3 beat me.
A 2 and A 3 axed the deceased on his back with axes.
Today i.e., on 21.3.79 at about 7.40 p.m. I went to Market Police Station and returning to my home.
The trial companyrt acquitted all of them.
PW 1 recorded the dying declaration of the deceased Ex.
On March 21, 1979 at about 5 p.m., PW 7, a neighbour of PW 16 was doing painting work in a house in Picket, Secunderabad and after companypleting that work, he was going home.
P 1 and also on the evidence of PWs 2 to 5.
They carried the deceased to the hospital.
PW 20, Assistant Professor of Thoracic Surgery was companytacted and he came to the hospital at about 9 p.m. and found the deceased to be in a bad companydition.
He has also a vegetable shop in the same market.
P 1 to PW 21 in the presence of PW 19, another police officer, who registered a case and issued express FIR.
PW 1 handed over Ex.
After marking the attendance, both of them were companying back to the shop of the deceased on cycle.
PW 21 companytinued the investigation.
PW 1 further deposed that he was asked by PW 10 to record the statement of the injured Narasing Rao and accordingly PW 1 recorded the same and obtained the thumb impression of the injured in the presence of PW 10 and after recording, handed over the same to the Inspector of Police, PW 21, who was present in the hospital at that time.
The accused are all related to each other.
Then both of them went on the cycle to the market police station.
A 4 to A 7 stabbed the deceased with knives on various parts of his body.
All the accused herein and also the absconding accused Sriramulu were aggrieved with the acquittal and bore grudge against the deceased.
P 1 recorded by PW 1, the House Surgeon whose evidence is also companyroborated by another Doctor, PW 10 who was on duty at that time.
A 1 stabbed the deceased with a knife on his chest.
A 4s younger brother was murdered on August 4, 1978.
He deposed that at about 7.40 p.m. the deceased was in the Casualty Department and that PW 10, Dr C. Srihari Rao, the Casualty Medical Officer was also present.
When they reached the State Bank, A 1 emerged from the lane and caught hold of the deceased.
The High Court mainly relied on the dying declaration Ex.
In the said dying declaration, the overt acts were attributed to A 1 to A 3.
I received injuries on chest, back side and on right side of the neck.
The State preferred an appeal against the acquittal and the High Court while companyfirming the acquittal of A 4 to A 7, companyvicted the appellants under Sections 302/34 IPC and sentenced each of them to undergo imprisonment for life.
The injured expired at about 11.10 p.m. and an altered FIR was issued.
The Judgment of the Court was delivered by JAYACHANDRA REDDY, J. There are three appellants original accused 1, 2 and 3.
P 2 Dated March 21, 1979 Statement of Narasing Rao Recorded by PW 1 Statement of Shri P. Narasing Rao s o Rajaiah, age 23 years, resident of Sajanlal Street.
The accused were arrested except Sriramulu and the accused who were arrested were charge sheeted and tried.
P 1 which was read out to the deceased and his thumb impression was taken.
PW 16 is the maternal uncle of the deceased.
A 2 to A 7 also joined A 1.
The prosecution relied on the dying declaration Ex.
The deceased and two others were prosecuted in that case and the same ended in acquittal.
Accordingly all the accused were acquitted.
PW 1, Dr Pratap Kumar, the House Surgeon was on duty in the hospital at that time.
The deceased told PW 16 that the accused were intending to kill him.
The prosecution case is as follows P. Narasinga Rao, the deceased in the case was working as a welder at Secunderabad.
The SI returned after 15 minutes and reported that the Magistrate was number available at his residence at that time.
He had a vegetable shop also in the market and he used to attend to his shop in the evening.
I fell down.
On that day at about 6.30 p.m., PW 2 who worked under the deceased, went to the shop of deceased to meet him on a cycle.
Then all the three inflicted injuries with axe and knives.
As numbered above, the injured was immediately rushed to the hospital.
The accused pleaded number guilty.
