TMI Blog1986 (8) TMI 458X X X X Extracts X X X X X X X X Extracts X X X X ..... were charged under Section 302 read with Section 34 of the Indian Penal Code for having committed the murder of one P. Narasaiah of Kalekal village at about 7.30 a m. on November 25, 1974 by respondents 1 and 2 attacking him with an axe (M.O. 4) and knife (M.O. 9) respectively and the other two accused holding him during the attack to facilitate the crime. The learned Sessions judge accepted the prosecution case and convicted respondents 1 and 2 under Section 302 read with Section 34 of the Indian Penal Code and sentenced them to undergo imprisonment for life but acquitted accused 3 and 4 on the ground that their complicity in the commission of the offence was not fully proved. Respondents 1 and 2 preferred Criminal Appeal No 308 of 1975 to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a case and sending express reports to the concerned authorities PW 19 proceeded to the scene of occurrence and conducted the investigation. During the inquest he examined PWs 5 and 6 and thereafter he examined other witnesses including PWs. 7 and 8. The investigation was taken over on that evening by PW 20, the inspector of police. 5. Autopsy on the body of deceased Narasaiah was done by PW 15 Dr. M.A. Hafees. He found 13 injuries on the dead body and he has opined that injuries 7, 8, 10 and 13 could have been caused by attack with an axe and injuries 1, 2, 5, 9, 11 and 12 could have been caused by attack with a knife and injury number 6 was an abrasion. He has further stated that injury nos. 1, 9 to 11 and 13 were grievous ones and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bmitted that the High Court has not only failed to view the evidence in its proper perspective but it has committed a serious error in completely over looking the evidence of PW6 who by all accounts is the most important witness and whose testimony is thoroughly independent and disinterested. 10. On a careful consideration of the matter we find the grievance of the appellant's counsel to be well founded. The evidence on record fully establishes that deceased Narasaiah had been done to death near the tea stall of PW 6 i.e., only 21 feet away. Such being the case, PW 6 is the most natural witness who could have seen the occurrence. He has deposed that he was serving tea to PWs 7 and 8 in the tea stall and at that time he heard the summ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its entirety. 11. We, further find the High Court's judgment to suffer from several distortions in its perspective. To mention a few, the High Court has viewed with suspicion the conduct of PW 1 in going to the Police Station instead of to the Police Patel to make a report. The High Court has failed to see that PW 1 would have been anxious to lodge a report about his father's murder with utmost expedition and hence he may not have wanted to waste time by giving a report to the Police Patel and then having the report sent to the Police Station. Likewise, the High Court has levelled criticism about the non-reference in Exhibit P1 to a knife being one of the weapons of attack without due consideration of the frame of mind in which ..... X X X X Extracts X X X X X X X X Extracts X X X X
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