- (1.)The appellant was indicted before the Additional Sessions Judge, Mahaboob Nagar for the murder of his uncle Elukur Yasalah. Though the trial Judge exonerated him of the above charge, the High Court, in appeal preferred by the respondent-State, convicted and sentenced him to suffer imprisonment for life for the murder. Hence this appeal under Section 379, Cr.P.C. at his instance.
(2.)2(a). According to the prosecution case on July 18, 1990 the appellant, who is a resident of village Konkal, came to the house of the deceased in village Thummilla - which is at a distance of 20 kms. from Konkal - and asked for some money by way of loan. When the deceased expressed is inability to accommodate him, the appellant implored the former to sign some papers to obtain loan on the security of the joint family property. This entreaty was also turned down by the deceased. After staying for that night at the deceased's place the appellant left for his village on the following morning.
2(b). In that night (July 19, 1990) the deceased went to sleep in the outer verandah of his hut, with his son Elkur Rathanam (P.W.1) and wife Sarojamma (P.W.2) sleeping inside. At or about 11 p.m., P.Ws. 1 and 2 heard the cries of the deceased and when they rushed out they saw the appellant running away with some weapon in his hand. The deceased told them that the appellant had stabbed him. They found that his intestines had come out and he had injuries on his hands also. A few minutes later he succumbed to his injuries.

2(c). On the following morning at or about 8.30 a.m. P.W.1 went to Rajoli Police Station, which is at a distance of 17 kms. from the village, and lodged an information about the incident. Shaik Mohammad Hussain (P.W.9), a Sub-Inspector of Police, registered a case on that information and took up investigation. He went to village Konkal at or about 9.30 a.m. and held inquest upon the body of the deceased. He then sent it for post-mortem examination by Dr. K. Pullanna (P.W.7) Civil Assistant Surgeon of the local Government hospital who found the following injuries on his person :-

"1. An incised wound extending from epigastric region to right lumber region oblique in direction, measuring 6" x 4" x 6", edges red and regular. Large intestine, small intestine, omentum came outside through this wound, faecal matters also came outside through this wound.

2. An incised wound on the dorsal aspect of right wrist joint 3" x 11/2" x 1" edges red and regular, all tenders are exposed.

3. An incised wound on left dorsal aspect of left wrist joint size 2" x 1" x 1/2" edges red and regular."

He opined that the death was due to shock and haemorrhage caused by the injuries.

2(d). In course of the investigation the appellant was arrested on July 29, 1991 (sic) and at his instance his blood-stained shirt (M.O.7) and a sickle (M.O.6), also blood-stained, were recovered. The seized articles were sent to the Forensic Science Laboratory for chemical examination. On receipt of report of such examination and completion of investigation the police submitted charge-sheet against the appellant.

(3.)The appellant pleaded not guilty to the charge levelled against him and his defence was that he was falsely implicated.