MOHD AAHAR HUSSAIN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Head Sri N. Parameswara Reddy, Counsel appearing for the appellant and the learned Additional Public Prosecutor.

(2.) This criminal appeal is filed by the sole accused in Sessions Case No.322 of 1997 on the file of the learned Metropolitan Sessions, Judge, Hyderabad.

(3.) Sri. N. Parameswara Reddy, the learned Counsel representing the appellant-accused would submit that the learned Sessions Judge had totally erred in placing reliance on the evidence of P.Ws.1 to 3, since this evidence is highly interested and also discrepant. The learned Counsel also would submit that the possibility of P.W.2 involving in the incident on the fateful day and throwing the blame on the accused also cannot be ruled out. The learned Counsel would further submit that the seizure of the weapon also had not been proved. P.W.3 is only a child witness, who had been tutored to support the evidence of P.Ws.1 and 2. The learned Counsel ultimately would conclude saying that specifically the plea of insanity or unsoundness of mind of the accused as such had not been raised, and from the facts, the same can be inferred and on the said ground also, the accused is entitled for an acquittal.