- (1.) This appeal by way of special leave arises out of the following facts: the deceased, Chitrada Varahalu, had converted to Christianity and constructed a church in Village Kotnapalli to propagate Christianity though he belonged to Village Sagaram. About two months prior to the incident, which happened on 14-4-2000, PW 1, the wife of the deceased (Chitrada Lakshmi) had gone to her fathers house at Burugupalem and had stayed on for about two months, but on her return home to Sagaram on 12-4-2000, at about 12.00 midnight, she saw that her husband had brought Jaggayamma (the wife of the appellant) to live with him as well. On this PW 1 and her husband had a quarrel but by a settlement it was agreed between them that all three would live together. This development created some friction between the appellant and the deceased.
(2.) At about 7.30 p.m. on 14-4-2000 the appellant and five others entered the house of PW 1 as the deceased was taking his food and whereas some of the persons caught hold of the deceased, the appellant caused him one injury with a knife on the chest. The deceased, being seriously injured, rushed to the house of his elder brother, Chitrada Mutyalayya a short distance away and fell in the pooja room and shouted out to PW 3, his sister-in-law, that he had been attacked by the appellant, and then succumbed to the injury. All the accused then attempted to run away but two of them were caught and taken to the police station. On interrogation these two revealed the names of the others and they too were arrested.
(3.) On the completion of the investigation all the accused were brought to trial for the offences punishable under Sections 449, 341, 302 and 302 read with Section 114 IPC. The trial court in its judgment on 22-4-2003 held that the eyewitnesses account with respect to the murder was not worthy of belief as it appeared that PW 1 had not seen the actual incident as she was bathing her young daughter on one side and as such there was no evidence with respect to the murder. It also found that the prosecution story with regard to the involvement of the other accused was not made out and having so held acquitted five of the accused in toto and convicted the appellant herein for the offence punishable under Section 449 IPC. An appeal was thereafter preferred by the State of with respect to the acquittal of all the accused.;