B.S. Chauhan, J. - (1.) This appeal has been preferred by the complainant, father of the deceased, against the judgment and order dated 13.2.2003 in Criminal Appeal No. 1088 of 2002 passed by the High Court of Andhra Pradesh at Hyderabad acquitting the Respondents of the charges under Sections 302 read with 120B of Indian Penal Code (hereinafter referred to as "IPC") for committing the murder of G. Arulmozhi by hitting him with a hammer on his head.
(2.) Facts and circumstances giving rise to this appeal are as under: (A) Rama Raghuraman (Accused 1)(hereinafter referred to as Rs. A-1) made a statement to Mr. V. Narasaiah, Sub-Inspector of Police (PW.1) that on 29.4.1997 at about 9.00 A.M., when she tried to wake up deceased, G. Arulmozhi, who was sleeping in the other room of the flat, he misbehaved with her and thus A-1 tried to get out of his clutches in order to save herself. As she could not succeed in her attempt, she got the hammer lying in the room and hit him on his head. On hearing her cries, her husband Raghuraman (A.2) came at the spot and also hit deceased several times on his head with the same hammer and thus, the deceased suffered grievous injuries. Immediately, Rama Raghuraman (A.1) went to the nearby hospital and informed Dr. U. Srinivas (PW.3) that her brother was seriously injured on the head and she brought him to examine the deceased. Dr. U. Srinivas (PW.3) came to her flat and after examining the injured, he advised that he should be taken to the hospital immediately. An ambulance was called and with the help of two attendants, Rama Raghuraman (A.1) and Raghuraman (A.2) took the injured to the hospital. He was examined there by the doctors. The doctor also informed the police, on which Mr. V. Narasaiah, Sub Inspector of Police (PW.1) reached the hospital and recorded the statement of Rama Raghuraman (A.1) and lodged a complaint to Mr. K. Chakrapani, Station House Officer, (PW.16). (B) On receiving such information, Crime No. 235 of 1997 under Section 307 IPC was registered against Rama Raghuraman (A.1) and Raghuraman (A.2). However, when the police came to the hospital to record the statement of the injured, he was found to be unconscious. Thereafter, Mr. K. Chakrapani (PW.16) proceeded to the place of occurrence and made a rough sketch of the site in the presence of witnesses Mr. Kamal Bukhada (PW.6) and Mr. Premchand (PW.7) and also seized M. Os. 2 to 12 from the place of occurrence. Mr. K. Chakrapani (PW.16) also examined P Ws 2 to 5 and recorded their statements. (C) On the next day i.e. 30.4.1997 at about 11.45 P.M., Mr. K. Chakrapani (PW.16) received the information that G. Arulmozhi had died and, therefore, he altered the case from Section 307 IPC to Section 302 IPC. He conducted the inquest over the body of the deceased in presence of two witnesses. Dr. Ramachander Rao, the Medical Officer in NIMS Hospital (PW.9) examined the deceased and found four injuries on the person of the deceased. After the death of the deceased, Dr. M. Ravinder Reddy, the professor in Forensic Medicine, Gandhi Medical College, Hyderabad (PW.18), conducted an autopsy of the dead body of the deceased. (D) Mr. T.V. Raja Gopal, Investigating Officer, (PW.17), took over further investigation and recorded the statements of a large number of witnesses and submitted the chargesheet. The Magistrate committed the matter to the Sessions Court, wherein the Respondents pleaded not guilty and claimed trial. After concluding the trial and appreciating the evidence, oral as well as documentary, the trial court vide judgment and order dated 9.9.2002 in Sessions Case No. 40 of 1999 convicted both the Respondents for offences punishable under Section 302 r/w Section 120B IPC and awarded life imprisonment with a fine of Rs. 5,000/- each and in default of payment of fine, they were directed to undergo further three months simple imprisonment.
(3.) Being aggrieved, the Respondents preferred Criminal Appeal No. 1088 of 2002 before the High Court of Andhra Pradesh at Hyderabad, which has been allowed by impugned judgment and order dated 13.2.2003. Hence, this appeal.;