IN RE: GOLLA CHENCHURAMAYYA AND ANR. Vs. STATE

JUDGEMENT

(1.) THE appellants and another were charged before the Sessions Judge of Nellore with the murder of one Guruswami. The learned Sessions Judge round that there was no evidence that the third accused took any part in the transaction in which the murder was committed. He therefore acquitted that accused. He convicted the two appellants of murder and sentenced them to death.

(2.) THE deceased, the three accused, and the eye -witnesses are all Thottiyans and members of connected families. P.W. 3 is the husband of P.W. 6 and P. Ws. 4 and 5 are their daughters. The deceased was married to P.W. 5 and a brother of me two appellants was married to P.W. 4. P.W. 7 and the deceased were the sons of sisters, while P.W. 8 was a brother of the deceased.

(3.) ALTHOUGH all the eye -witnesses are persons connected with the deceased, they are also interested in the accused; and there is no reason to suppose that their evidence was not true. A complaint was given as early as practicable; and at all stages their evidence has been consistent. The truth of the material part of their story is confirmed by the circumstance that the accused were long absconding, there are no important contradictions in their evidence; and the learned Judge says that they impressed him while in the box as persons speaking the truth.