PULICHERLA NAGARAJU ALIAS NAGARAJA REDDY Vs. STATE OF A P

JUDGEMENT

(1.) This appeal by special leave is against the judgment dated 28.8.2003 of the Andhra Pradesh High Court in Criminal Appeal No.1211 of 2001 reversing the judgment of acquittal dated 7.2.2000 passed by the First Addl. Sessions Judge, Chittoor in S.C. No.361 of 1999.

(2.) The prosecution case, in brief, is as under :

(3.) T. Sundaramurthy, Sub-Inspector of Gangadhara Nellore Police Station (PW-15), received the complaint and registered the case in Crime No.35 of 1999 under sections 147, 148, 307 and 302 read with section 149 IPC, prepared the FIR and recorded the statements of PW-1 and PW-2. He also seized the blood-stained clothes of PW-1 from him under a Mahazarnama. The next day, K. Srinivasa Gopal, Inspector of Police, Chittoor Rural Circle (PW-16), took up the investigation and recorded the statements of some other witnesses. On 26.4.1999, at about 9.00 A.M., inquest was conducted over the dead-body and it was sent for autopsy. He arrested accused 1 and 2 as also their juvenile sons Balu and Babu on 28.4.1999 at about 3 p.m. in the presence of PW-9 (Pancha) and recorded their confession statements and on the same day at 6.00 P.M. in pursuance of the information, disclosed in the confession statement of Govinda Reddy, recovered the Barisa (MO.1) from a sugarcane garden shown by Govinda Reddy. PW-16 also arrested Nagaraja Reddy (A-3) on 1.5.1999 around 9 A.M. in the presence of Panchas (PW-10 and another). Nagaraja Reddy made a confession statement (Ex. P-25) and took them to the house of one Subha Reddy and produced a blood-stained shirt (MO-8).