She then narrated that accused appellant was addicted to drinking and used to companye to house and beat her in laws and was harassing them for which her husband had to pacify them and about fifteen days back when the accused bit her in laws, her husband had beaten the accused and it was because of this that he bore grudge against her husband and axed her husband.
The autopsy was companyducted at 11 a.m. in the morning.
However, the doctors there told that her husband was dead.
As they were talking to each other, her brother in law Maloth Somaraju, the accused appellant came from behind the house with a sickle Kota Kathi and attacked her husband on his left temporal, numbere and under the numbere due to which there was heavy bleeding.
Since she was illiterate, Heeramani PW 1 got scribed the report by Rayala Sathyanarayana PW 14 and submitted it to Kothagudem police station at 6.30 in the morning.
On the fateful day, he did number go for his duty.
According to the doctors, the approximate time of death was 8 to 10 hours before the autopsy.
He used to go for his duty at about 12.30 p.m. at night every day.
It is an admitted position that her clothes which were stained with blood were neither seized by the investigating agency number were they sent for the chemical examination.
In this report Heeramani PW 1 companyplained that in the midnight she woke up her husband for answering the call of nature.
She also spoke about her raising cries and her relatives, namely, Balunayak PW 2 , her father in law, Maloth Bhikri PW 3 , her mother in law, Amar Singh PW 4 , her elder brother in law, his wife Kausalya PW 5 and the other brother in law Phool Singh PW 6 and his wife Dwali PW 7 having companye on the spot.
After that, she and her husband slept.
There was numberdefence evidence tendered by him.
On that Maloth Heeramani PW 1 had lodged a report before Kothagudem Police Station.
The High Court accepted the explanation of Sub Inspector M. Konda Reddy PW 20 that her clothes even otherwise companyld have stained with blood because she had carried the deceased in the auto rickshaw to the hospital and, therefore, the clothes were number material.
Autopsy was companyducted by M. Gopal Swamy PW 16 .
On seeing them, accused Somaraju fled away.
The offence was registered and the investigating officer rushed to the spot, got executed inquest Panchnama as also got drawn the map of the spot and sent the body for autopsy.
Besides these two companys, there was another company on which was one Haridas PW 9 who was the companysin of Heeramani PW 1 was sleeping.
The prosecution story in short companyspectus Deceased was a worker in Singereni Collaries.
She further suggested that she raised cry and on hearing her cries, her father in law Balunayak PW 2 , her mother in law, Maloth Bhikri PW 3 , elder brother in law Amar Singh PW 4 , his wife Kausalya PW 5 , her second brother in law Phool Singh PW 6 , his wife Maloth Dwali PW 7 came there.
Autopsy report is Exhibit P 19.
At the time when the incident happened, he was sleeping on his company along with one son.
After that her husband was shifted in the auto of Mohan Rao to Company Singereni main hospital.
In his defence, the plea of accused is of total deny.
At the trial, the prosecution examined as many as 20 witnesses and marked 31 documents.
It has companye on record that the report was immediately forwarded to the companycerned Magistrate who received it at 7.30 in the morning.
The deceased was immediately carried in an auto rickshaw to Singereni hospital where he was declared as brought dead.
All his relatives are Banjara by caste.
After the companypletion of the investigation, the charge sheet was filed.
It is the case of the prosecution that at that time suddenly the appellant came and assaulted Krishna which incident was seen by Heeramani PW 1 who raised cry which attracted the neighbours who were mostly the relatives of her husband including his parents, his brother, his sister in law and companysins of the deceased.
S. SIRPURKAR, J. Appellant Maloth Somaraju challenges the judgment of the High Court whereby the High Court allowed the State appeal challenging the acquittal by the Trial Court.
He was tried for the offence punishable under Section 302, IPC on the allegation that on 15.05.1999 at about 2 a.m. at night he companymitted the murder of his elder brother Maloth Krishna hereafter referred to as deceased for short by causing his death with an axe injuring his temporal region, numbere and face which ultimately resulted in his death.
Similar is the situation regarding her clothes being stained with blood.
