NAGESH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal by Al and A5 is directed against the judgment dated 31-3-1993 rendered in SC No.444 of 1992 on the file of IVth Addt. Metropolitan Sessions Judge, Hyderabad. All the six accused Al to A6 were charged for the offence under Sections 148, 307 and 324 read with 149 1PC. A2, A3, A4 and A6 were acquitted of all the charges. Al and A5 were convicted for the offence under Section 324 I PC for causing hurt to PWs.2 and 3 respectively.

(2.) The facts relating to this appeal may be stated briefly as follows : On 18-4-1991 at about 9p.m. infront of Abhilasha Wine Shop in Chinthalbasthi Al to A6 are said to have attacked PW4 Vijaya Raj initially. It appears that his brothers PW2 Prithviraj and PW3 Anup Raj reached the scene and questioned the accused about their beating PW4, then they were also attacked with knives, swords and rods. When their father PW1 was in his house somebody informed him as to what was going on, he immediately ran to the scene and witnessed the incident. PW5 Rajender Singh the brother-in-law of PW1 is also said to have accompanied PW1 to the scene of offence. PWI immediately gave the report Ex. PI at Saifabad Police Station on which a case in Cr.No.218/91 was registered and FIR Ex.PS was issued. The injured PWs.2 and 3 were sent to the hospital for treatment and medical examination. The Doctor PW6 examined the injured and issued medical certificates Ex.P2 in respect of PW3 and Ex.P3 in respect of PW2. Ex.P4 is described as final opinion as to the nature of injuries sustained by PW2- After completion of investigation, charge-sheet was filed.

(3.) Thus on behalf of the prosecution PWs.l to 6 and Exs. Pl to P6 and MOs.l and 2 have been marked. The accused has not chosen to examine any defence witnesses on their behalf. As stated above, A2, A3, A4 and A6 have been acquitted of all the charges. The question for consideration is :Whether the prosecution has succeeded in bringing home the charge against Ai and A5 for the offence under Section 324 1PC?