C.PRAVEEN KUMAR,J. - (1.) Challenging the Judgment of Acquittal, dated 18.02.2013 passed in Sessions Case No.285 of 2010 on the file of II Additional Sessions Judge, Kurnool at Adoni, P.W.6 filed the present Criminal Appeal under Section 372 Cr.P.C.
(2.) The substance of the charge against the Accused Nos.1 to 3 is that, on 02.07.2009 at about 7.30 P.M, they caused death of one Boya Arikera Bheemalingappa [' the Deceased'].
(3.) The facts, in nutshell, are as under: i. All the accused and material witnesses are residents of Musaanapalli Village, Alur Mandal. A.1 to A.3 are the brothers. P.W.2 is the brother of deceased and P.W.5 is the wife of deceased. P.W.6 and P.W.7 are the children of deceased and P.W.5. ii. It is said that the daughter of A1 i.e., P.W.8 fell in love with P.W.7, who is son of deceased, and both of them eloped and got married in a temple at Mantralayam. Since then A.1 and other accused developed grudge against the family of the deceased. While so, on the date of incident, P.W.2 and Boya Arikera Bheemalingappa ['the Deceased']. were going towards Adoni from Musaanapalli in an auto and they reached Adoni at 4.30 P.M. Both of them went in different directions for shopping. At about 7.15 P.M., himself and Bheema Lingappa (the deceased) again joined at auto stand near Ryoth Bazar. By the time they reached the auto stand, all the three accused were standing at the auto stand. Suddenly A.1 caught hold Bheema Lingappa and Chinna Somanna (A.3) caught hold of another hand of the deceased. Meanwhile Chandrappa (A.2), who was armed with a stick, beat Bheema Ligappa with a stick on his head. In the said attack, Bheema Lingappa sustained an injury on the left eye. A.2 beat Bheema Lingappa with a stick on both the legs, as a result of which, he fell down on the road. Apprehending that the accused may kill him also, he fled away from the scene. He saw accused No.2 from a distance of 15 feet assaulting Bheema Lingappa. He went to Musaanapalli village and informed the wife of the deceased about the incident. Later, he informed about the incident to all his relatives. iii. Suspecting that the accused are responsible for the death, PW.1, who is Village Revenue Officer, Mandigiri Grama Panchayat, Adoni went to the Police Station and lodged a report with PW.13- Sub-Inspector of Police, II Town Police Station, Adoni under Ex.P-1. Basing on Ex.P-1, he registered a case in Crime No. 121/2009 under Section 302 of Indian Penal Code and submitted First Information Report -Ex.P.8 to higher authorities. iv. On 02.07.2009 while P.W.13 was present in the II Town police station, he received an information about the murder of a person near Ryoth Bazaar, main road, Adoni. Immdeiately he rushed to the scene of offence and found a male dead body. He posted a constable to safeguard the dead body and returned back to the police station by 8.00 P.M. By the time he returned to the police station, P.W.1 Satyanath was there in the police station along with a written complaint. Basing on the said complailnt, Crime No.121 of 2009 came to be registered under Section 302 I.P.C. and F.I.R was issued, which was marked as Ex.P.8. He then visited the scene of offence at 9.00 P.M., and seized the blood stained earth, control earth, bamboo stick etc., under a seizure panchanama. Ex.P.2 is scene of offence observation panchanama. Thereafter, he prepared a sketch of scene of offence marked as Ex.P9. On the next day morning i.e., on 03.07.2009 he visited the mortuary room Government Hospital, Adoni and conducted inquest over the dead body of the deceased. Ex.P3 is the inquest report. Thereafter, he sent the body for post mortem examination. v. PW.12 - the Civil Assistant Surgeon, Area Hospital, Adoni, conducted autopsy over the dead body and issued Ex.P-7 postmortem certificate. According to him, the cause of death was due to shock and hemorrhage resulting from antemortem injuries and he appears to have died 24 hours prior to post mortem examination. vi. After the arrest of accused and collecting all necessary documents, P.W.13 filed a charge sheet for the offence punishable under Section 302 I.P.C, which was taken on file as P.R.C.No.44 of 2011 by the Judicial First Class Magistrate. On appearance of the Accused, copies of the documents were furnished as required under Section 207 Cr.P.C. As the case is exclusively triable by a Court of Sessions, the same was committed to the court of II Additional Sessions Judge, Kurnool, under Section 209 Cr.P.C. On appearance of the Accused, charge referred to above came to be framed, read over and explained to the Accused to which, the accused pleaded not guilty and claimed to be tried. ;