PW 1 has further stated that this took place in the companyridor of the Court Hall of 2nd Additional District Judges Court.
His evidence, however, is that he was present when the accused No.1 the appellant and other accused persons were produced for remand in the companyrt on 11.03.2005 and he therefore knew the physical features of appellant on 11.03.2005.
He was summoned to Cherlapally Jail for the Test Identification Parade and he has identified the appellant as the assailant during the Test Identification Parade.
In Lal Singh Ors.
If PW 5 saw the appellant for the first time in the Test Identification Parade on 23.04.2005 his evidence would have been trustworthy.
After investigation, a charge sheet was filed against 15 accused persons including the appellant in the companyrt of the Second Metropolitan Magistrate, R.R. District, Cyberabad.
The facts very briefly are that on February 28, 2005 one Komidi Sai Baba Reddy deceased was killed in the companyrt premises of R.R. District at Cyberabad.
11 to 15 were absconding, the case was split up and accused number.
PW 5, who was a companystable attending to his duties in the companyrt, was number expected to know the appellant before the incident, but he claims to have seen the appellant on 28.02.2005 when he attacked the deceased by an axe.
After the trial the 5th Additional Sessions Judge FTC acquitted accused number.
It is thus clear that when the Test Identification Parade took place on 23.04.2005, PW 5 had number only seen the appellant but also had knowledge that the appellant was the accused in the murder which took place in the companyrt premises on 28.02.2005.
On seeing PW 1, the accused No.1 raised the axe but PW 1 went a little bit back and then the appellant hacked the deceased three times on the left side of the neck and near the ear.
While giving his evidence PW 5 pointed out towards the appellant who was standing in the Court Hall and identified him as the assailant.
The father of the deceased lodged a First Information Report FIR before the Station House Officer, P.S. L.B. Nagar alleging that on February 28, 2005 at 11.00 a.m. when the deceased was companying to the companyrt, Narsimha Reddys son, Srinivas Reddy and others sprinkled chilly powder in the eyes of the deceased and cut him by an axe and all this was done due to old vengeance.
147 of 2006.
As accused number.
K. PATNAIK, J. This is a Criminal Appeal against the judgment dated July 4, 2008 of the High Court of Andhra Pradesh in Criminal Appeal No.
Mahender PW 4 threw a stone on the assailant which hit him on the back and then he returned to the 2nd A.D.J. Court Hall where he saw the victim lying on the ground with faint breathing.
1 to 10 were tried for several charges in Sessions Case No.195 of 2005.
