9911796707
TMI Blog1990 (2) TMI 326X X X X Extracts X X X X X X X X Extracts X X X X ..... red into a criminal conspiracy to cause the death of Lakshmi reddy, the deceased herein, and in prosecution of the same they murdered the deceased; attempted the cause the death of PW 1 and caused disappearance of evidence of murder by throwing the dead body into the river Kundu with the intention of screening themselves from the legal punishment. The Trial Court for the reasons given in the judgment convicted the appellants under all the charges namely under Section 148, I.P.C. and sentenced each of them to undergo rigorous imprisonment for a period of 2 years; under Section 302 read with Section 149, I.P.C. and sentenced them to undergo imprisonment for life and under Section 201, I.P.C. and sentenced them to undergo imprisonment for a pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d fell down crying 'I am dead'. P.W. 1 ran to a distance of 20 yards. Thereafter he ran away from that place to his native village and informed his mother-in-law P.W. 3. P.W. 3 sent word to P.W. 9 and others. Thereafter a crowd collected and searched for the deceased but they could not trace the deceased. On the next morning at about 7 a.m. they once again resumed the search. They went to the scene of offence and found trace of blood and ultimately found the dead body in the river. According to the prosecution P.W. 2 a resident of Idamadaka village came there. On enquiry, P.W. 1 told that A-1 to A-7 killed the deceased. On the next morning i.e. on 27-6-85 while P.W. 1 and others were at the dead body, the Sub-Inspector (P.W. 14) cam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that he informed only his mother-in-law (P.W. 3). P.W. 1 came with the present version only on the next morning. The conduct of P.W. 1 in not reporting to any of the villagers about the occurrence throws a considerable doubt on the veracity of his evidence which is incredible. The report about the occurrence was given by a delay of 15 hours. 4. No doubt, plurality of witnesses is not necessary to establish a fact in issue and a conviction can be based on the testimony of a sole witness provided that evidence is wholly believable (Vide Vadivelu Thevar v. State of Madras 1957CriLJ1000 . In the present case as we have come to the conclusion that the evidence of the P.W. 1 is clouded with strong suspicion and as the first information report wa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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