ARSHAD Vs. STATE OF A P

JUDGEMENT

(1.) The appellant was tried for an offence under Section 302, IPC in Sessions Case No. 399 of 1993 by the Additional Sessions Judge, Medak at Sangareddy and was found guilty and accordingly sentenced to undergo life imprisonment by the impugned judgment dated 8-3-1995. Being aggrieved, the appellant has preferred this Criminal Appeal.

(2.) The accused, the deceased and the material prosecution witnesses were residents of village Kohir. It was alleged that about 10 months before the date coincident, the deceased Nagarchi Khasim Ali had murdered the father of the accused overaland dispute and, therefore, on 14-12-1992 at about5-15 p.m., the accused dealt a heavy blow on the head of the deceased by an iron rod in Saheen Hotel near Bus Stand, Kohir, which resulted in his death on way to me hospital. A report (Ex.P-1) was lodged at about 6-00 p.m. on the very day by one P.Narsimlu (P.W.I), who happened to be the village Administrative Officer. After the post-mortem report and completion of investigation, the accused was charge-sheeted and tried for an offence under Section 302, IPC. He pleaded innocence, but was found guilty and accordingly convicted and sentenced as aforesaid. Hence he has preferred this Criminal Appeal.

(3.) Though the prosecution examined as many as 4 persons as eye witnesses (P.Ws. 3 to 6), two turned hostile (P.Ws. 3 and 6) and on the basis of the evidence of the remaining two (P.Ws. 4 and 5), the Court below was pleased to find the accused guilty and accordingly to convict and sentence him as aforesaid. The learned Counsel for the appellant, therefore, mainly concentrated on demonstrating that the evidence of P.Ws. 4 and 5 was not safe for basing a conviction due to various infirmities pointed out by him. Let us, therefore, examine the evidence of P.Ws. 4 and 5.