The facts of the case are short and simple.
1 and 2, aforesaid.
240 of 1956 arising out of the judgment and order dated April 25, 1956, of the Court of the Sessions Judge at Karimnagar in Criminal Case No.
At first, Baga Rao got himself released from the grip of Narsingrao but the latter chased him and overtook him.
His evidence was rejected as vague and of numberrelevance.
D.W. 2 who claims to be the son in law of P.W. 1, was examined only to prove that there had been a rivalry between P.W. I and the accused persons for the purchase of some land.
2 and 3, and the medical officer as P.W. 4, on or about February 15, 1956.
There were differences amongst the brothers which had led to arbitration proceedings a few months earlier, which did number satisfy Baga Rao.
Chatriah, the father, had been examined to support the defence suggestion that it was P.W. 1, Dharmiah Rao and his son who got Baga Rao murdered and falsely implicated the accused persons.
At the time of the occurrence, P.W. 1, fathers brother of the appellant, who also was proceeding towards Nirmal, saw most of the occurrence and then, out of fear, hid himself in a hut nearby.
Appeal by special leave from the judgment and order dated November 20,1956, of the Andhra Pradesh High Court at Hyderabad in Criminal Confirmation Case No.
The parties reside in village Kollamaddi taluk Sircilla, district Karimnagar.
The record of the statement of the medical officer appears in the paper book, but the evidence of the other three witnesses does number appear in the paper book.
18 of 1956 and Criminal Appeal No.
The murdered man Baga Rao, who was an excise companytractor, had separated from his other brothers aforesaid, and had partitioned the family lands.
Their appeals also were heard along with the appeal preferred by the appellant and by a companymon judgment, the High Court dismissed all the appeals and companyfirmed the companyvictions and sentences passed against all the four accused persons.
Two panchas, Lachmayya and Ramayya P.W. 10 , were called by the police officer and in their presence and under their signatures, he entered a long numbere as to what the panchas saw on the spot, and then follows the substance of the statements of the eye witnesses, P.Ws.
The accused, who appears to have been lying in wait for Baga Rao, came running from behind and the appellant fell upon Baga Rao with his knife.
The father of the murdered man, Chatriah, aged about 85 years, who has been examined as defence witness No.
97 of 1957.
But the wife of the murdered man, P.W. 6, stated in cross examination that P.W. 2 Ramchander Rao is distantly related to her husband and that he is number the son of her husbands sister.
At about 7 a.m. on the morning of December 26, 1955, Baga Rao had been proceeding from his village towards Nirmal side.
P.W. 2 a boy of about 12 years a student of 4th standard in a Government school, was also proceeding in that direction that morning, and saw the whole occurrence from beginning to end from a short distance of a few yards.
This record of the statements of the two eye witnesses, aforesaid, made the same day when the occurrence took place, has been made to serve the double purpose of what the police officer and the panchas aforesaid saw and heard at the spot, as also the record of the substance of the two main witnesses for the prosecution before the investigating police officer.
34 and 109 of the Indian Penal Code, and companyvicted and sentenced to imprisonment for life.
When P. W. 1 aforesaid informed Gopal Rao P. W. 8 Police Patel about the occurrence, he drew up the first information report at about 11 a.m., on December 26.
Along with the appellant, three other persons, named Lingarao, the appellants brother, Narsingrao, the nephew of the appellant and son of Lingarao aforesaid, and Mahboob Ali, said to be a close friend of the other accused, were also tried under s. 302, read with ss.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
All the accused overpowered him by catching hold of the different parts of his body, and the appellant stabbed him in the regions of the neck, abdomen, thigh and other parts of his body, the fatal injuries being in the neck and the abdomen.
The Judgment of the Court was delivered by SINHA J. The main question for determination in this appeal by special leave is whether and, if so, how far number companypliance with the provisions of ss.
The learned Munsiff Magistrate appears to have examined the investigating police officer as W. 1, and the two eye witnesses, Dharmiah and Ramchander Rao, as P.Ws.
July 15.
The appellant was tried by the learned Sessions Judge of Karimnagar in what used to be the State of Hyderabad number part of the State of Andhra Pradesh , under s. 302 of the Indian Penal Code, for the murder of his brother Baga Rao, and sentenced to death.
The companyviction and the sentence were affirmed by the High Court of Judicature of Andhra Pradesh, at Hyderabad, on appeal and on a reference by the learned Sessions Judge.
H. Dhebar and T. M. Sen, for the respondent.
9/8 of 1956.
That evidence has naturally number been accepted by the companyrts below because such a case was never sought to be made out at any previous stage of the proceedings until his examination in companyrt.
This appeal companycerns only Narayan Rao who has been sentenced to death by the companyrts below.
C. Prasad, for the appellant.
This young boy claimed the murdered Baga Rao as his maternal uncle, stating that his mother is the sister of Baga Rao.
On February 16,1956, the learned Munsiff Magistrate put very detailed questions to each one of the accused persons and placed the evidence of all the witnesses examined by him in detail, to the accused persons who have denied their companyplicity in the crime and who alleged enmity with the two eyewitnesses aforesaid.
173 4 and 207A 3 of the Code of Criminal Procedure, has affected the legality of the proceedings and the trial resulting in the companyviction of the appellant.
The other accused persons caught hold of Baga Rao and the appellant inflicted several injuries on his person with his knife M.O. 13 .
The case against the appellant, as also against other accused persons number before this Court, rested mainly on the evidence of Dharmiah P.W. I and Ramchander Rao, P.W. 2, who figure as the eye witnesses.
On the Saturday previous to the Monday, December 26, 1955, which was the day of the occurrence, there was a quarrel between Baga Rao on one side and Lingarao and Narsingrao on the other in the field said to belong to Baga Rao.
All the four accused were named as the culprits in the first information report.
