- (1.) T. N. Rao was working in TISCO. He was attending B shift duty between 2 P. M. to 10 P. M. at the relevant time. T. N. Rao had two houses at Hirapur. One house was fully tenanted whereas the other house was partly tenanted where he was residing. His family consisting of his son and wife left him about six to seven years before the incident: Since then he was taking meal with one of his tenants being Sarkar family. However, he stopped taking meal in Sarkar family for about five to six months before the date of incident. Although his family members deserted him and went back to his native place of Andhra Pradesh they used to visit Mr. Rao during Puja festival. His son Bishu Rao the appellant abovenamed donated one of his kidneys to one kidney patient not related to him about three months before the incident and since then he used to stay with the said family. At the time of the incident, according to his mother, he was unemployed.
(2.) ON September 20, 1986 Bishu came to see his father along with one of his friends whose identity could not be known during investigation. They came during day time when his father was not there. He was offered cup of tea by P. W. 2 being the lady member of Sarkar family. After some time T. N. Rao came and Bishu and his friend went to Mr. T. N. Rao's portion which was completely separate having separate entry from the main road. There had been altercation between father and the son. Atanu Sarkar being one of the members of the Sarkar family in his complaint alleged that possibly Bishu was in drunken condition. Be that as it may, after such altercation T. N Rao left the house and went to his other house where he stayed with his co-tenants on 20th, 21st and 22nd up to morning being Saturday, Sunday and Monday morning. The tenants of the other house deposed to the said effect. Bishu left the house at about 10 A. M. along with his friend on Monday morning being september 22, 1986 at about 8. 30 A. M. T. N. Rao took bath in the common bathroom of the other house on Monday morning. Since then Mr. T. N. Rao could not be found. Bishu was also not seen after 8. 30 A. M. of Monday being september 22, 1986.
(3.) ON the next day i. e. Tuesday September 23, 1986 at about 10. 30 p. M. Atanu left for a walk being accompanied by his pet dog while his pet dog started behaving abnormally and scratching the door of T. N. Rao's portion which was kept under lock and key. He then called the other members of his family as well as the other co-tenant Mr. Channa Rao. They opened the door through the duplicate key which was being kept with Sarkar family. After opening the door they discovered the dead body of T. R. Rao lying on the cot. A towel was placed on his face. Towel was followed by a pillow. He was found dead with a neck tie covering his neck. 'they immediately closed the door and called the police. Police made an inquest report and thereafter sent the body for post-mortem examination. As per the medical evidence the death occurred due to strangulation. Injury was found on the middle portion of the neck. According to Doctor the inpident occurred between 6 to 36 hours before the post-mortem examination which was held on September 24, 1986 at about 1 p. M. If we calculate the time backward the inpident possibly took place between 1 A. M. of September 22/23, 1986 and 7 A. M. of September 24, 1986. Since the victim was found dead at to. 30 P. M. we may safely conclude, that the incident occurred between 1 A. M. of September 22/23 and 10. 30 P. M. of september 23.;