Thirdly, it was established, from the statement of the investigating officer, that the trunk of the Neem tree under which the alleged occurrence took place was about 5 to 6 ft.
As this is an appeal, in exercise of a newly created right of appeal to this Court, we have examined the evidence on record.
Firstly, it is pointed out that P.W.1, P.W. 2, P. W. 3, and W. 4, as well as P.W. 10, and P.W. 11, are relations of the deceased, highly interested in securing the companyvictions of the appellant on account of partisanship.
The superficial abrasions below the knee companyld be very well due to the falling.
The Doctor was, however, number questioned on this aspect.
In support of this version, reliance was placed upon several tell tale, or, at least, highly suspicious circumstances which were number adequately explained by the prosecution.
P.W. 4, and China Veerayya, P.W. 1.
The Doctor who performed the post mortem had said that the injury which caused the death companyld be due to striking the deceaseds head with a blunt object like a stick but that it is also possible that injury No.
It was suggested to the prosecution witnesses, in the companyrse of their cross examination, that the real occurrence took place elsewhere and companysisted of long drawn out stone pelting by two sides during the day in the companyrse of which both sides were injured.
From the judgment and order dated the 29th September, 1970 of the Andhra Pradesh High Court at Hyderabad in Criminal Appeal No.
The companyaccused number being in that advantageous position, companyld number obtain any special leave to appeal.
The Doctor had also stated On dissection of injury No.
Thus, there were really only two injuries on the head.
deceased with a stick on his head but another accused was said to.
Secondly, numberblood was found anywhere near the Neem tree in front of the house of P.W. 3, Peda Verrayya, where the occurrence is said to have taken place.
891 of 1969.
They were tried and acquitted by the learned Sessions Judge of Guntur who attached companysiderable importance to the supposed delay in lodging the First Information Report of the alleged occurrence at 10.30 p.m. on 15 6 69 at Police Station, Sattonapalli, 13 miles away from the scene of the incident.
Hence, absence of blood from the alleged place of occurrence appears to US to carry.
It may be that the first injury was due to more than one blow on the head.
District Guntur in the State of Andhra Pradesh.
1 showed extensive aphalo hematoma involving left parietal, occipatal and right parietal and temporal areas companyminuted depressed fracture of vault of scalp involving frontal bone 5 cm.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
He found the scalp was so profusely companyered with blood that he companyld number companypletely examine the injury.
I companyld be caused by a stone of 3 or even more.
Ram Reddy and P. P. Rao, for the respondent.
It was urged that P.W. 5 and P.W. 6, were wrongly treated as alleged independent witnesses by the High Court.
T. Harindranath and G. S. Rama Rao, for the appellant.
229 of 1970.
Fifthly, a number of independent witnesses, apart from the ones examined, who are all characterised by the appellants Counsel as partisan witnesses, were said to be available but number examined.
The Doctor admitted that injury on the knee companyld be caused by a fall on a rough surface.
Part of the left perietal bone detached and broken into three pieces and lying loose over brain, fissured fracture extending upto left temporal bone.
The three injuries indicated aboveshow that numberblow was struck on the forehead of the deceased at all.
150/ only, and, in default of payment Of fine, to three months rigorous imprisonment, Consequently, the appellant, had his right to appeal to this Court against the reversal of the order of his acquittal.
Fourthly, the site plan showed quite a number of stones lying at some distance from the scene of occurrence.
Although this was admitted as a fact in the Committing Magistrates Court by P.W. 1, a new version was, it was submitted, given at the trial.
The Judgement of the Court was delivered by BEG J. The appellant was charged, with his three brothers in law, Bayyarapu Butchiah, Bayyarapu Chandriah, and Bayyarapu Kotayya for offences punishable under Section 302, 325, and 323 Indian Penal Irlapati Ramayya and causing grievous hurt to Ankayya, P.W. 2, and simple injury to China Veerayya, P.W. 1, at about 4.30 p.m., on 15 6 69, in front of house of Vipparla Peda Veerayya in Village Vipparla.
Thus bleeding appears to have been companysiderable.
a significance which the High Court ignored.
The prosecution had a sufficiently good explanation for the supposed delay inasmuch as the wife and other relations of the deceased were busy trying to get adequate medical attention for the deceased before thinking of making the I.R. The High Court had, on an appeal to it, companysidered this and other questions involved in the case and companyvicted and sentenced the appellant under Section 302 to life imprisonment and awarded other appropriate sentences under Sections 325 and 323 I.P.C. to him.
in anterior posterior direction.
The points raised on behalf of the appellant, on this evidence, are mentioned below.
have poked him on the chest with his stick first and then beaten him on his left hand, still another accused was alleged to have given a blow with a stick on the forehead of the .deceased, and the fourth accused was said to have struck the deceased on the left side of the head just above the ear.
in fact, the Doctor said that the scalp was companyered with blood.
Therefore, the attempt to explain the mysterious absence of any blood from the alleged place of occurrence is rather feeble.
There were, in any case, certainly number four injuries on the body of the deceased.
high so that numberlathis companyld be lifted and brought down to beat the injured without obstruction by branches as was admitted by Lakshmayya.
