PATTIPATI VENKAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) 'This appeal under S. 379 of the Code of Criminal Procedure, 1973 is directed against a judgment dated April 4, 1977 of the Andhra Pradesh High. Court which reversed the order of acquittal passed by the trial court and convicted the appellant under S. 302, IPC, and sentenced him to imprisonment for life.

(2.) The facts of the case have been detailed in the judgments of the High Court and the trial court and need not be repeated all over again. The main evidence consists of PWs 1 and 2 who were the eye-witnesses to the assault and had proved that the deceased died as a result of the injuries inflicted upon him by the accused. The trial court as also the High Court disbelieved PWs 6 to 9 and, therefore, it is not necessary for us to refer to their evidence. The main witnesses PWs 1 and 2 were examined on the very day of inquest and their statement carries great value.

(3.) Mr. R. K. Garg, learned senior counsel for the appellant, submitted that the High Court was not at all justified in reversing the judgment of the trial court in the absence of any clear error of law and more particularly because the view taken by the trial court was "reasonably possible".