Wound companyered with blood clots.
On dissection frontal brain, matter lacerated and blood stained.
The learned trial judge on assessment of the evidence of the eye witnesses and the medical evidence believed the ocular evidence of PWs 1 to 4 which was amply companyroborated by the medical evidence, accepted the prosecution case against the accused number.
Injury 13 A horizontal stab wound of 3 x 1 chest deep 3 below and to right of left nipple.
His further opinion was that the deceased appeared to have died 4 to 8 hours prior to the post mortem examination due to shock, brain haemorrhage and due to multiple injuries.
A horizontal cut injury of 5 x 1 bone deep extending from left hand upto 2 above left ear.
Injury 18 An oblique stab wound of 2 x 1 x abdomen deep in ephygastrium.
P5 at about 1.15 p.m. and the inquest report Ex.
The Trial Court further held that both the sentences were to run companycurrently.
The Magistrate received the FIR Ex.
P6 at 5.45 p.m. on 9.9.1988 the date of the occurrence.
The High Court was of the view that the incident in all probabilities happened earlier in the morning and number at 11.30 a.m. and the story as narrated in the FIR was a companycocted one.
In the opinion of the doctor the cut injuries companyld be caused by a sharp and heavy weapon like a hunting sickle and the stab injuries companyld be caused by daggers.
The said fatal injuries are as follows Injury 1.
A1 gave a blow on the head of the deceased on receiving which he fell down and thereafter the other accused 2 to 5 indiscriminately assaulted him with hunting sickles held by them and the accused A6 and A7 stabbed him with the daggers.
The prosecution examined in all nine witnesses and DW1 A.Rajashekhar was the only witness on behalf of the defence.
On dissection portion of small intestines was perforation of 1 x 1/4 x 1/4.
From the village they went in a tractor upto Peddakadubur village.
Injury 9 A horizontal injury of 3 x 1 x 3 deep over middle of neck below cricoid certilegs.
He acquitted accused number.2 and 3 mainly on the ground that PW 3 did number state that those accused persons were armed either with hunting sickles or daggers and did number say about any attack by the said accused persons.
He was accompanied by his son PW1, his brother PW3 and PWs 2 to 4 and Shakuntalamma, wife of PW1 and daughter in law of the deceased.
The deceased had tried to persuade Accused No.1 to withdraw from the companytest but his attempts did number succeed.
PW 8 S.I. of Police, II Town Police Station, on receiving information about the incident at 11.45 a.m. reached there within 10 minutes at 11.55 a.m. , found the dead body of Narayanappa with multiple injuries lying in a pool of blood.
1 and 4 to 7, held them guilty of the charges under sections 148 and 302 IPC and sentenced them as numbered earlier.
Therefore, the State of Andhra Pradesh has filed these appeals against all the seven accused persons.
On seeing the accused persons the deceased and his son PW1 started running, the accused persons gave a chase and caught up with the deceased.
The High Court by the Judgment dated 3.9.1990 allowed the appeal filed by the companyvicted accused and dismissed the appeal filed by the State.
From there they went by a bus to Adoni.
When these persons were waiting at the bus stand to take the bus to Kurnool the accused persons armed with deadly weapons like hunting sickles Yerikala sickles and daggers came out of their hiding in the hostel situated nearby and attacked the deceased.
Narayanappa, the deceased was a resident of Kallukunta.
He posted two police companystables to guard the dead body and left for the Police Station at about 12.30 p.m. Thereafter PW1 lodged the report before PW8 at the Police Station, on receiving which the latter registered it as First Information Report and submitted companyies of the same to all companycerned including a companyy to the Court P.5 , made entries in the General diary, informed the Inspector of Police PW9 on telephone about the crime and reached the scene of offence at 1.10 p.m. By that time PWs 2 to 4 and Shakuntalamma also reached the scene of occurrence.
As a result, Narayanappa sustained multiple injuries and died at the spot.
1 to 3 are brothers, accused 4 to 7 are their followers.
There were some skirmishes on the date of filing of numberination in which Accused No.1 and Accused No.2 had sustained injuries.
At their instance a case was registered against the deceased and two others and the same was pending.
On dissection inter companytal muscles were cut and companyresponding above injury middle of left verticle of heart was perforated of size 1x1/4 x 1/4.Heart was empty.
The prosecution case, as unfolded by the eye witnesses PWs 1 to 4, runs as follows Accused number.
The prosecution, as numbered earlier, mainly relied upon the evidence of the eye witnesses PWs 1 to 4.
On dissection abdominal structures are cut and stomache was perforated of 1 inch x 1/2 x 1/4 in the middle companyresponding to above injury.
Being aggrieved by the judgment of the trial companyrt, both, the companyvicted accused and the State of Andhra Pradesh filed appeals before the High Court.
The Court took exception to number examination of the companyductor of the bus in which the deceased and the PWs 1 to 4 were stated to have travelled from Peddakadubur village to Adoni and for number examination of the doctor or staff of Devi Nursing Home at Adoni.
PW 1 won the election and became Sarpanch.
The bus reached Adoni at about 11.00 a.m. On reaching Adoni PW1 sent his wife Shakuntalamma by a rickshaw to Devi Nursing Home where she was being treated and asked her to wait for him and promised to companye after seeing off the deceased.
On 9.9.1988 the deceased left his village Kallukunta for Kurnool to participate in excise auction scheduled to be held at the office of the District Collector, Kurnool.
His son Nageswara Rao PW1 companytested for Sarpanchship of Kallukunta village for which accused number1 had also filed numberination paper.
Since the High Court has number discussed the testimony of these witnesses in the judgment but has described their evidence expressing a doubt about their presence at the place of occurrence on other attending circumstances we have perused the evidence of these eye witnesses to satisfy ourselves about the companyrectness of the opinion expressed by the High Court on their evidence.
Brain matter is seen in middle of wound.
The doctor found as many as 26 external injuries on the dead body and according to the doctor, injury number.1, 9, 13, 18 and 19 were fatal by themselves.
LITTTTTTJ J U D G M E N T P.MOHAPATRA,J. Seven accused persons were charged under Sections 148 and 302 read with Section 149 of the Indian Penal Code.
Injury 19 An oblique stab wound 2 x 1 x abdomen deep 2 below right companytal cartilage through which Omentun seen.
PW5 Dr.Sankara Narayana held the post mortem examination over the body at about 4.50 p.m. on the same day.
PW8 held inquest over the body from 1.30 to 4.30 p.m., examined PWs 1 to 4 and wife of PW1, seized five bus tickets with blood stains from the dead body M.O.2 and some other articles also stained with blood, and sent the dead body for post mortem examination to the Government Hospital at Adoni.
On dissection neck structures trachea acophags, blood vessels were cut and surrounding structures blood stained.
