PAMULA SARASWATHI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is against the judgment dated 8th October, 1993.

(2.) Briefly stated the facts are as follows : The case of the prosecution was that on 21st September, 1991, 10 persons (who were arraigned as accused before the trial Court), formed an unlawful assembly and committed murder of one Pamula Narayan. It is the case of the prosecution that they committed theft of Rs. 8,000/- from the person of the deceased and also attacked and caused injuries to the wife of the deceased and committed theft of ear-studs of the wife of the deceased. The 10 accused were therefore charged for offences under Sections 148, 324, 326, 379 and 302, IPC. Unfortunately no charge was framed either under Section 34 or 149, IPC.

(3.) The only eye-witness account was that wife of the deceased. She was examined as PW 1. She deposes that Accused No. 1 (who is Respondent No. 1 here) hacked the deceased on the left side of the fore-head and below the left knee-joint. She deposes that Accused No. 2 (who is Respondent No. 3 here) hacked the deceased on the right side fore-head and on right shoulder. She deposes that Accused No. 6 (who is Respondent No. 4 herein) hacked the deceased on the head and left side of the fore-head. She deposes that Accused No. 3 hit the deceased with an axe on the right side ribs. Thus she attributes overt acts to each of these four persons. She specifies the injuries caused by each one of them.