1
IN THE COURT OF II ADDITIONAL SESSIONSJUDGE::
KURNOOL AT ADONI.
Present: Smt. I. Sailaja Devi II Addl. District and
Sessions Judge, Kurnool at Adoni.
Tuesday, this the 5 th day of FEBRUARY, 2019.
SESSIONS CASE NO: 461/2014
TABULAR STATEMENT UNDER RULE 71 Cr.P.C.
01 Name of the Police Station Nandavaram P.S., 02 Crime No: Cr.No.12/2013 03 Name of the Lower Court Judl. Magistrate of I Class, Yemmiganur.
04 P.R.C. Number 20/2013 05 Sessions Case Number SC.461/2014
DESCRIPTION OF ACCUSED
SNName of the accused Father’s/Husband’s Religion o name Age 01 Katika Tara Vali Late. Katika Lal Sab. Muslim 22 02 Pinjari Noor Basha@Tata Pinjari Ramjan Muslim26 03 Katika Mahaboob Basha S/o.Late.Katika Lal Muslim23 Sab. 04 Katika Noor Basha Late. Katika Lal Muslim20 Sab. 05 Katika Dowlath Bi Late. Katika Lal Sab. Muslim45 Note:- .A1,A3 to A5 are R/o. Nadikirawadi village of Nandavram mandal of Kurnool District. A.2 is resident of Kothakirawadi village, now residing at Soganur village of Yemmiganur mandal of Kurnool District.
DATE OF
Occurrence/Offence 17-12-2013 Complaint 18-02-2013 Arrest of accused 01-03-2013 A1 – 6.6.2013 A2 – 22.5.2013 Release of accused A3 – 2.5.2013. A4 - 2.5.2013 A5 – 10.04.2013 Committal 06-06-2014 Commencement of trial 05-03-2018 Close of trial 12-07-2018 Sentence or order 05-02-2019
IN COMMITTAL COURT: (Vide diary extract of the Committal Court).
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IN THE COURT OF SESSIONS:
This case is made over to this Court by the Hon’ble Principal District and
Sessions Court, Kurnool on 09-12-2014 Charge U/Sec. 302 of IPC against A1 and
A2 and charges U/sec.302 r/w.sec.34 of IPC is framed against A3 to A5 on 17-06- 2015. On 05-03-2018 trial was commenced. P.W.1 to P.W.14 were examined, Exs. P.1 to P.19 besides Exs.D1 to D4 and Mos 1 to 8 got marked. During the course of trial learned Addl.P.P., has given up LWs. 3, LW.4, LW.6, LW.7, LW.8, LW.9, LW.15,, LW.16, LW.17, LW.21 , therefore their evidence deemed to be closed. Prosecution evidenceclosed on 12.07.2018. After closure of the evidence on behalf of the prosecution, the accused examined U/sec.313 Cr.P.C on 26-07-2018 and posted for arguments. Arguments on both sides completed on 29.01.2019 and posted for Judgment. Judgment pronounced in the open court (VSJ). In the result, Accused No1 and 2 are found guilt for the offence punishable under section 302 of IPC and accordingly, they are convicted U/sec.235(2) of Cr.P.C.
(i) Accused No.1 and 2 are sentenced to suffer IMPRISONMENT FOR LIFE for the offence punishable under Sec.302 IPC and to pay a fine of Rs.2000/- each (Rupees Two thousand each ) in default to suffer imprisonment for three months each.
(ii) The remand period, if any, undergone by the accused No.1 and 2 shall be set off under Sec. 428 Cr.P.C. It is informed to the accused No.1 and 2 that the said period will be counted or considered at the time of remission or parole.
(iii) M.O.1 to MO-8 which are non-valuable properties deposited in C.P.R.No.5/2018 shall be destroyed after appeal time is elapsed.
(iv ) The accused No.1 and 2 are informed of their right to prefer an appeal before the Hon'ble High Court by taking legal-aid, if necessary, by approaching State Legal Services Authority.
(v) Accused No.1 and 2 are entitled for a free copy of judgment to be given to them today.
vi) Accused No.3 to 5 are found not guilty for the offence punishable under section 302 read with 34 of IPC and they are acquitted for the same under section 235(1) CrPC. The bail bonds of A3 to A5 shall remain in force for a period of six months as contemplated under section 437A CrPC.
SD/-Smt. I.Sailaja Devi.
II Addl. Sessions Judge, Kurnool at Adoni. To:
1. The Registrar Judicial, High Court of A.P., Amaravathi.
2. The Superintendent of Police, Kurnool.
3. Judicial Magistrate of First Class, Yemmiganur.
4. The Hon’ble Prl.District Judge, Kurnool.
5. The Addl. Public Prosecutor, Adoni.
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IN THE COURT OF II ADDITIONAL SESSIONSJUDGE::
KURNOOL AT ADONI.
Present: Smt. I. Sailaja Devi II Addl. District and
Sessions Judge, Kurnool at Adoni.
Tuesday, this the 5 th day of FEBRUARY, 2019.
SESSIONS CASE NO: 461/2014
SNo Name of the accused 01 Katika Tara Vali, S/o. Late. Katika Lal Sab, aged 22 years. 02 Pinjari Noor Basha @ Tata , S/o. Pinjari Name of the Accused. Ramjan, aged 26 years. 03 Katika Mahaboob Basha, S/o. Late. Katika Lal Sab, aged 23 years. 04 Katika Noor Basha, S/o. Late. Katika Lal Sab, aged 20 years. 05 Katika Dowlath Bi, W/o. Late. Katika Lal Sab, aged 45 years. A1, A3 to A5 are residents of Nadikirawadi village of Nandavaram mandal of Kurnool District. A2 is resident of Kothakirawadi village, now residing at Soganur village of Yemmiganur mandal of Kurnool District.
Charge 302 of IPC against A1 and A2, U/sec.302 r/w.34 of IPC against A3 to A5.
Plea of the accused. Pleaded not guilty.
Finding of the Judge. A1 and A2 Found guilty U/sec.235 (2) IPC,
A3 to A5 found not guilty U/sec.235(1).
Sentence order Covicted U/Sec. 235 (2) Cr.P.C.
Name of the Police Nandavaram Police station in Cr.No.12/2013 Station. The prosecution is conducted by Sri., Addl., Public Prosecutor and the accused defended by Sri. T. Nagaraju, Advocate for Accused.
The case was committed by Sri. P.Ravi Sankar, Judl., Magistrate of
First Class, Yemmiganur in P.R.C.No.20/2013 and the case was taken on
file as S.C.No.461/2014 by the Hon’ble Principal District Sessions Judge,
Kurnool and the same was made over to this Court for disposal according to law.
This case coming on 29-01-2019 for final hearing before me and having stood over for consideration till this day this court deliver the following:
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J U D G M E N T
1. The State, through Inspector of Police, Nandavaram PS, laid chargesheet in Cr.No.20/2013 of Nadavaram P.S. against accused No.1 to 5
U/sec. 302 read with 34 of Indian Penal Code.
2.The case of the prosecution in nut-shell is as follows:
The deceased as well as the accused 1 to 5 are the residents of
Nadikirawadi village of Nandavaram Mandal. The deceased had owned 8 acres land where as the accused KatikaDowlath Bi (A5) owned about 4 acres of land and the lands of the deceased and A5 are located at the outskirts of
Nadikhairawadi village near the bank of Tungabadra river. The deceased and accused are being used to utilizing the waters of Thungabhadra for wetting their lands through electric motors. The deceased Akbar Vali who was installed electric motor for getting water used to take the water at the first due to which there are no scopes to the accused to wet their lands till the completion of wetting the land of the deceased. The deceased who is in the habit of cantankerous and pugnacious for which he used to wet his fields with the water of Thungabadra river force fullness and in the said melee there were brawl in between the deceased and accused on several occasions.
More over there are ill feelings between the accused No.2 and deceased over carrying of alms during Moharam festival and in this connection the deceased beat the father of A1 nine years ago. Further the deceased with the support of his henchmen’s made A2 recant from the village. On that A2 due to fear of the deceased left Nadikirawadi village and took shelter at the house of his elder sister at Soganur village of Yemmiganur Mandal and living by chanting mantras as well as mason. Since then A2 hatched a plan with
A1,A3 to A5 by visiting the village Nadikirawadi frequently to do away the deceased Akbar Vali.
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While so on 17.2.2013 A2 came to Nadikirawadi village and after due deliberations with A1,A3 to A5 at their house and with an evil intention went to the fields of deceased and taking the advantage of his loneliness at his fields, the accused Katika Noor Basha(A4), KatikaMahaboob Basha(A3) and their mother KatikaDowlath Bi(A5) caught hold of the deceased Shaik Akbar
Valiwhere asKatikaTaravali(A1) cut the throat of the deceased with a knife and Pinjari Noor Basha(A2) stabbed with the same knife and later pushed the deceased in the slushy of the fields and retrieved soon from there. This was witnessed by LWs 12 & 13 but due to fear they did not express to any body and subsequently they voluntarily appeared before the Inspector of
Police, Yemmiganur (LW.23) on 27.2.2013 and revealed the facts. Then LW.1 gave her oral statement to LW.22.
At the outset, LW.22 registered a case vide Cr.No.12/2013 u/s 174
Cr.PC (Suspicious death) of Nandavaram PS on 18.2.2013 and subsequently the section of law has been altered from 174 Cr.PC to 302 r/w 34 IPC by re- registering the case on 26.2.2013, issued express F.I.R’s to all concerned officers and a copy of Express FIR sent to LW.23. Accordingly LW.23 took up further investigation in this case.
During the course of investigation LW.22 held inquest over the dead body of the deceased on 18.2.2013 at 0800hrs, in the presence of panchayatdars LW.14 to LW.16 During inquest LW.22 examined LW.1 to
LW.11 and recorded their detailed statements in Part-II Case Diary examined the scene of offence and prepared rough sketch of the scene of offence. Later
LW.23 C.I. Yemmiganur examined LWs 12 & 13 and recorded their 161(3)
Cr.PC statements in detail in Case diary part-II.
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On 1.3.2013 at 09.00 hrs the accused No.1 to 5 were arrested by
LW.23 and they admitted their guilt in the commission of offence and to this effect confessional statement of the accused has been recorded in the presence of panchayatdars LWs.14 and LW.17. On their confession LW.23 seized the assault of weapon i.e., “knife” from the house of the accused under cover of seizure panchanama dated 1.3.2013 at 09 00 hrs., in the presence of Pachayatdars LWs.14 & 17.
L.W.18 Dr. N.Rajappa, C.A.S., Govt.,Hospital, Yemmiganur who conducted autopsy over the dead body of the deceased on 18.2.2013, preserved neck skin, Hyoid bone and viscera contents. Later LW.23 sent the property to RFSL Kurnool for examination.
LW.19 Professor, Pathology, Kurnool Medical College, Kurnool who examined the neck skin of the deceased and opined through his letter No.
MLC/3/13, dated 21.3.2013 that the neck skin is normal.
LW.20 Asst. Professor, Dept. of Forensic Medicine, Kurnool Medical college, Kurnool who examined the Hyoid bone, opined that the Hyoid bone is intact vide letter No. 7/2013 dated 25.2.2013.
LW.21 Asst. Director, RFSL Kurnool who examined the viscera contents and other materials, issued opinion through letter Nos
KNL/TOX/133/13 and KNL/SER/30/13, dated: 2.4.2013 and 19.3.2013 respectively.
LW.18 Dr. N. Rajappa after receipt of the above RFSL reports gave his final opinion that “The deceased was died due to shock and hemorrhage”.
Thus the accused 1 to 5 are liable for punishment under section 302 r/w 34
IPC. Hence the charge.
3. The learned Judicial Magistrate of First Class, Yemmiganur, took cognizance against accused No.1 to 5 for the offence U/sec. 302 read with 34 7 of I.P.C. and committed the case to the Court of Principal Sessions Judge,
Kurnool, Vide P.R.C.No.20/2013 and the same was made over to this Court in S.C.No.461/2014 for disposal according to law.
4. On appearance of accused No.1 to 5 before this Court and on consideration, this Court framed charges under section 302 IPC against A1 and A2 and U/sec. 302 read with 34 I.P.C. against accused No.3 to 5, read over and explained the same to them in Telugu for which they pleaded not guilty and claimed to be tried.
5. In support of its case, prosecution has examined PW.1 to PW14 are examined and marked Exs.P1 to P19 besides Ex.D1 to D4 and MO.1 to
MO.8.
6. During the course of trial learned Addl.P.P. has given up LW3,
LW4,LW6,LW7, LW8, LW9,LW15,LW16,LW17, LW21, therefore, their evidence deemed to be closed.
7. After the prosecution evidence was closed, accused No.1 to 5 was examined U/Sec.313 Cr.P.C. They denied the incriminating evidence found against them and reported no defence evidence.
8. I have heard the arguments of learned Additional Public Prosecutor and learned counsel for the accused No.1 to 5.
9. Now the point for determination is, whether the prosecution has proved guilt of accused NO.1 and 2 for the offence punishable under section 302 of IPC and under section 302 read with 34 of IPC against A3 to A5, beyond all reasonable doubt?
10. POINT:
To prove case of prosecution, it examined PW1 to PW14.
PW1, Jaithun Bee, testified that she know A1 to A5. A1, A3 and A4 no other than sons of A.5. She had Ac.4.00 of land which is located 8
Thungabadhra Yeti Gadda in Nadi Khairwadi. Herself and her husband cultivated Paddy crop in Ac.2.00 of land among total extent of Ac.4.00.
There were lands adjacent to their land belongs to Reddy people and A.5.
She fetch the water from Thungabadhra Yeti Gadda with help of motor. They had two motors, Reddy people had two motors and A.5 had two motors for the purpose of fetch the water to their lands. As they start the motor, the water will not flow to the lands of A.5. In that connection A5 and her three sons frequently quarrel with her husband. Whenever her husband switch on the motor A5 and her three sons switch of the motor.
On 17-2-2013 at 11-00 AM (Sunday). Her husband left the house saying that firstly he fetch the water to the lands and later he would like to attend relatives marriage at Talamari village by motorcycle. Her husband did not return to the home till 2-00 PM. At 3-00 PM she tried to contact to her husband through G.Malla Reddy phone but no body was lift the phone (switch off). Below 6-00 PM again she again tried to contact her husband through L.W.3 Chinna Khaja phone and the same reply (switch off).
At 6-00 PM she telephoned to one Khasim Bee of Talamari village and enquired about her husband details. She was told that her husband did not attend the marriage at Talamari. Immediately she informed the said information to L.W.2 M.Husseni. L.W2 Husseni, L.W.3 Chinna Khaja rushed to Thungabadhra Yeti Gadda and found motorcycle of her husband on the road side of Mantralayam road. She came to know through L.W.3 Chinna
Khaja that her husband dead body was found in Dealer Bajari field.
Immediately herself and LW.3 Chinna Khaja rushed to Dealer Bajari land, found injury on the neck of her husband. She also found banian and lungi stained with blood. She suspected that her husband was killed by A5 and her three sons. She rushed to the Nandavaram police station at 1-00 AM on 18-02-2013, gave the statement (Ex.P1) to the police. Ex.P.1. She was also present at the time inquest over the dead body of her husband.
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Police recorded her statement.
PW2, Mulla Hussaini, testified that they had Ac.4.00 of land located adjacent to the land of P.W.1 at Thungabadhra Yeti Gadda in Nadi
Khairwadi. The lands of Reddy peoples located adjacent to their lands and further adjacent the land of A.5 was situated. They used to fetch the water from Thungabadhra Yeti Gadda with help of motors and they had two motors, Reddy people had two motors and A.5 had two motors for the purpose of fetch the water to lands. There was no possibility for flow of water to the land of A.5 if he run motors. In that connection there were frequent quarrels in between deceased Akabar Vali and A5 and your three sons.
On 17-2-2013 at 6-00 PM he visited the house of P.W.1 and told by P.W.1 that the Akbar Ali left the house in the morning time and he also not attended the marriage at Talamari village. She instructed him to visit
Thungabadhra Yeti Gadda in order to made enquires about Akbar Ali. At 6- 30 PM he visited Thungabadhra Yeti Gadda along with L.W.3 Chinna Khaja and found chapels of deceased which available nearer to their motor, also found the keys of the motor hanging to the motor electrical box, also found dead body of Akbar Ali in the field of Dealer Bajari. Lungi and Banian of
Akbar Ali and the body of Akbar Ali covered with mud. He telephoned PW1 and informed the death of Akbar Ali. P.W.1 came to that place along with
L.W.3 Chinna Khaja and found injury on the neck of Akbar Ali. P.W.1 gave the statement to the police. He was present at the time of inquest over the dead body of deceased. Police examined him.
PW3, Boya Prakash, testified that on 17-2-2013 the deceased died in this case. He came to know death of Akbar Ali in the evening time. A1, A3 and A4 are the sons of A.5. A2 residing presently at Soganur village. The land of deceased Akbar Ali and the land of A5 located adjacent to
Thungabadhra river. Deceased arranged two motors and A5 arranged one motor in order to fetch water from the river to their respective lands. In 10 summer season if deceased Akbar Ali used the motor, the water will not flow to the land of A.5. In rainy season there was no such problem in between
Akbar Ali and A5. There was a dispute in between Akbari Ali and A5 relating to fetching of the water from the river and usage of the motor. Two or Three years prior to death of Akbar Ali, the accused no.2 eloped with one Boya caste lady. The deceased Akbar Ali brought the Boya caste lady and came to their village and played a major role to brought the lady person to the village.
The deceased Akbar Ali and other villagers socially boycotted A.2 Nadi
Khairwadi village and residing at Soganur village of Yemmiganur Mandal.
In 2012 on the eve of Moharam Festival, A2 tried to hold Peerula Devudu in village and in that connection the altercation taken place in between deceased Akbar ali and A.2. Police examined him.
PW4, U. Sreenivasa Reddy, testified that on 17-02-2013 the Akbar Ali died in this case. He came to know the death information in the evening on 17-02-2013. The land of Akbar Ali and the land of A.5 located adjacent to
Thungabadhra River, Nadi Khairwadi village. A5 and deceased Akbar Ali fetch the water from Thungabadhra river. Both were arranged the motors to fetch the water from the river to their fields. In summer season if the Akbar
Ali switch on the motor, the flow of the water less towards the land of A.5.
There were disputes in between Akbar Ali and A.5 regarding the usage of the water as well as motor and also regarding holding of Peerula Devudu in the village. Police examined him.
PW5, Devudu, testified that nearly five years back Akbar Ali died in this case. On the date of the incident at 11-30 AM himself, L.W.13 Yusuf were proceeding to Nadi Khairwadi from Kotha Khairwadi village for the purpose of to cut the stack. At 12-30 Noon time they reached to the land of A.5 in the river and found A.1 to A.5 nearer to the motors of Akbar Ali. The land of
A.5 located adjacent to the land of Akbar Ali to the down side. A5 was standing on the ridge of the river and A1 to A4 were standing beside Kanuga 11
Tree. A4 switch off the motor of Akbar Ali. Deceased Akbar Ali came from his field by raising loud words why un-necessarily switch of the motor. Then
A1 to A4 caught hold the deceased Akbar Ali while he was about to start to the motor. A5 raised the loud words “Veyandi, Veyandi” and reached to the motor place from ridge. A1 taken one Knife from waist portion and came back side of the Akbar Ali and hacked the neck of Akbar Ali with a knife as result he received bleeding injuries and fall on the ground. A2 taken the same knife from A1 and dealt a blow on the left shoulder of Akbar Ali on two times and back side of the head and chest of Akbar Ali. A1 to A5 beat Akbar
Ali with legs indiscriminately. The Akbar Ali fall in a pit in the land of Dealer
Bajari. A5 taken one big stone and throne the stone upon Akbar Ali on his head in the pit. A2 left that place and proceeded towards Nadi Khairwadi village. A5 and her three sons proceeded towards her lands and subsequently left the village. Himself and L.W.13 Yusuf found the Akbar Ali in the pit by that time deceased was already died. Due to fear of accused, they proceeded to their house. Ten days thereafter he visited the
Yemmiganur Police station while investigation was in progress he gave statement to the police. There were disputes in between A5 and deceased with regard to fetching of water from river, in eloping boya caste girl by A2 and performing peerala devudu in village. Police examined him.
PW6, Shaik Yusuf, testified that on 17-2-2013 i.e, Sunday the incident taken place wherein husband of P.W.1 died. On that date himself, PW.5 at 11-30 AM started Kotha Khairwadi village in order to go to Yeti Gattu for the purpose of stack. At 12-30 Noon time they both reached land of A.5, found
A1 to A4 were standing near Kanuga tree and A5 was standing on the ridge of bund. A4 stopped motor switch of Akbar Ali. Akbar Ali came to the place of motor by raising “ who switch of the motor”. A1 to A4 came to that place and caught hold the Akbar Ali. A5 also came to that place by raising loud voice. A1 taken one knife from waist portion and came back side of the 12
Akbar Ali and cut the neck of Akbar Ali with a knife. Akbar Ali fall down. A2 taken the same knife and dealt a blow with a same knife on the left shoulder of Akbar Ali. A1 to A5 beat Akbar Ali with their legs and dragged the Akbar
Ali to one pit which is located in the land of Dealer Bajari. A5 taken one stone and thrown the same on the head of Akbar Ali. A2 left that place and proceeded towards old Khairwadi through Yeti Gadda. Himself and P.W.5 found the Akbar Ali and by that time he died. Due to fear, himself and P.W.5 proceeded to their respective houses. Ten days thereafter, himself and P.W.5 approached to Inspector of Police, Yemmiganur and narrated the incident particulars and he recorded statements. He identified the knife in the Court hall.
There was a disputes in between Akbar Ali and A5 regarding the usage of motor and fetching the water from the river. Nearly four years prior to the death of Akbar Ali, accused No.2 eloped with one Boya Woman and in that connection Akbar Ali supported to Boya Caste people and in that connection there was a grudges in between Akbar Ali and A.2. At that time A2 was socially boycotted in the village and A2 residing Soganur village of
Yemmiganur Mandal. At one time A2 tried to touch Peerala Devudu and at that time Akbar Ali and other Muslim caste people made an objection. Police examined him.
PW7, Dr. Rajappa, testified that on 18-02-2013 at 12-50 PM he received a requisition letter from SI of Police of Nandavaram P.S and conduct post mortem on the dead body of Shaik Akbar Vali. He commenced PM at 1-00
PM in CHC., Yemmiganur and found the following Antimortem injuries:-
1.A lacerated injury was present on the middle of the nece in size of 13 cm x 3 cm and bone deep and underlying structures are preserved and sent for expert opinion after dissection.
2.Four stab injuries are present on the left shoulder and are variable in sizes of 2 cm x 2 cm, 2cm x 1cm and 3 cm x 1 cm and on dissection 13 underlying blood vessels, nerves, muscle are cut and on further dissection underlying bone is intact.
3.Two abrasions are present on the left shoulder in size of 3 cm x 2 cm and 4 cm x 2 cm and are specifically placed on disection.
4.A lacerated injury is present behind the ear in size of 3 cm x 2 cm and on dissection blood vessels, muscle and nerves are cut on dissection underlying bone is intact.
5.A lacerated injury is present on the left side of the top of the head in size of 3 cm x 2 cm and on dissection underlying blood vessels, nerves and muscles are cut and on further dissection underlying bone is intact.
6.A contusion is present on the right shoulder in size of 7 cm x 6 cm and on dissection underlying blood vessels, muscles and nerves are cut and on further dissection underlying bone is intact.
7.Abrasions are present on the right side of the chest in size of 10 cm x 2 cm and 7 cm x 2 cm and on dissection they are superficially place.
8.Skin is pealed of here and there in both lower limbs and back of the chest and abdomen and are superficially place on dissection.
INTERNAL EXAMINATION
1.Head: It is described in injury no.2 and 3. The skull bone is intact. Both ménages and brain tissues are pale on cut section.
2.Neck: It is described in injury no.1 neck structures and its skin are preserved and sent for expert opinion.
3.Thorax: Rib case is intact. Both lungs are pale on cut section.
4.Heart: Both right and left side of the heart chambers are empty on cut section.
5.Vertebral column: It is described in injury no.1, neck structures are preserved and sent for expert opinion. Remaining vertebral column is intact.
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6.Abdomen: On opening of the abdomen, gas is expelled out and on further opening of the stomach and intestines, it contains semi digested food particles and both stomach and intestines are pale on cut section.
7.Liver: Liver is normal in size and shape and pale on cut section.
8.Spleen: Spleen is normal in size and shape and pale on cut section.
9.Kidneys: Both kidneys are pale on cut section and are normal in size and shape.
10.Urinary Bladder: Urinary bladder is intact as empty and pale on cut section.
The following Viscera and preserved for expert opinion.
I.1. Neck Skin
II.2. Neck structures.
III.1. Stomach and part of small intestines and its contents.
2. Part of liver.
3. Kidney.
4. Simple of preservative. Viscera are sent
1.The professor of Pathology, Government Medical College,
Kurnool.
2.The Professor of Forensic medicine, Government Medical
College, Kurnool.
3.The Director, The Regional Forensic Science Laboratory,
Kurnool.
The time of death: The deceased was died 18 to 36 hours prior to my postmortem Examination. PM report is marked as Ex.P.2.
Final Opinion:-
As per the postmortem conducted over the dead body of deceased and Forensic Expert opinion No.7/2013 dt.26-02-2013 of Kurnool Medical
College, Kurnool and as per the History Pathology Report of Kurnool Medial
College, Kurnool, I am of the opinion that the deceased was died due to shock and hemorrhage due to above said injury in post mortem certificate (Ex.P3).
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PW8-Dr. Rajappa, testified that on 18-02-2013 at 7-00 AM he was called by SI of Police, Nandavaram to come to the Nadi Khairwadi village, visited Nadi Khairwadi village at 7-45 AM, went to the house of deceased
Akbar Ali. L.W.15, L.W.16 were also present at the house of Akbar Ali.
P.W.1, P.W.2, LW.3 Chinna Khaja were also present at the house of deceased
Akbar Ali. In his presence SI of Police, Nandavaram conducted inquest over the dead body of deceased Akbar Ali and seized blood stained full cotton banian, Blue colour of lada Nicker, Red and Black strips of Lungi (MO1 to 3) from the dead body of deceased in his presence. He signed in the inquest report (Ex.P4)
On the same day i.e., on 18-02-2013 at about 12-30 Noon time SI of
Police, nandavaram taken him, Talari Thimmaiah (L.W.17) to Thungabhadra
Bund (land of Dealer Bajari) and in his presence police officials seized Blood stained mud, Blood stained stone piece, Black colour Pargan Company chappal, Control Mud under cover of panchanama (MO4 to MO7. Himself,
LW.17 Thimmaiah signed in the seizure panchanama (Ex.P.5).
On 1-3-2013 at 6-00 AM while he was at Yemmiganur, he was called by
SI of Police of Nandavaram and asked to come to Inspector of Police office,
Yemmiganur. He visited Inspector of Police office, Yemmiganur at 6-30 AM, found CI of Police, SI of Police and L.W.17 Talari Thimmaiah in the office, all visited Soganur village at 7-00 AM by jeep. By the time they reached
Gorantalappa Hayrick Yard in the outs-kirts of Soganur village, and there police arrested Taravali and he stated that he show the knife if the police followed him. The police officials prepared confessional panchanama of assailants wherein himself, LW.17 Talari Thimmaiah signed. Police officials served the panchanama to all the persons and obtained their signatures.
The relevant portion of confessional statement is marked as Ex.P.6.
Tara Vali taken the police officials and him by jeep on the same day at 10-00 AM they reached the land of Tara Vali at Nadi Khairwadi village and 16 the motor of Tara Vali and in the presence of CI of Police Tara Vali taken one kine from pit and hand over the knife to Inspector of Police. The length of the knife is 30 cms and the width of the knife is 2 cms. In my presence
Inspector of Police seized the knife under cover of seizure panchanama wherein himself, L.W.17 Talari Thimmaiah copy served to the Tara Vali.
Seizure panchanama dt.1-3-2013 at 10-00 AM is marked as Ex.P.7. M.O.8 is
Knife.
PW9, Dr. Saisudheer, testified that on 25-02-2013, on requisition of
Mandal Executive Magistrate, Nandavaram Mandal, Kurnool District, he examined forwarded Neck structure of deceased Shaik Akbar Vali and is of the opinion that “ Hyoid bone is intact surrounding soft tissues are contused”. He prepared report dt.26-2-2013(Ex.P.8).
PW11-Tamil Arasi, Professor of Pathology, testified that on 21.2.2013I he received neck skin flap of 13X6X.5 cms with tear of 5 cm present. He had done histotopathology examination of the tissue submitted to him which showed arrears of hammerage and congested blood vessels. The remaining part of the skin normal. These were suggestive of antimortem injury. He issued Ex.P12 opinion relating to neck.
PW13-S.Surya Mouli, the then SI of Police, Nandavaram, testified that on 18-02-2013 at 1-00 am, PW.1 came to Nandavaram P.S and gave the statement to him, he recorded her statement with regard to death of her husband. She affixed her thumb impression on her statement. ( Ex.P1). He registered Ex.P1 in Cr.No.12/2013 U/sec.174 Cr.P.C. FI R (Ex.P14.) FIR sent to all concerted. Immediately, he rushed to the house of PW.1 situated at Kotha Khairwadi village, found dead boy of Akbar Vali, deputed one Police constable due to night time to guard the dead body.
On 18-02-2013 at 8-00 am, he secured PW.8, LW.15 Modin Saaheb,
LW.16 Moula Sab mediators, conducted inquest over the dead body of deceased in the house of PW.1. ( Inquest report is already marked as Ex.P4).
17
During the inquest, he secured the presence of PW.1, PW.2, LW.3/P.Chinna
Khaja and LW.4/ Shaik Akbar Basha and recorded their statements
U/sec.161 of Cr.PC, found injuries over the dead body, seized blood stain while colour banian, blood stain blue colour under wear, Lungi red and black colour design at the time of inquest. ( Mos 1 to 3 already marked). HeI send the dead body to P.M examination. ( observation report, seizure panchama is already marked as Ex.P5)
On same day at 12.30 noon time he visited place of offence i.e. field of dealer Bazari, Adjacent to Tugabadra river, examined place of office in the presence of PW.8 and PW.10 and prepared observation report, seized blood stained earth, control earth, blood stain small pieces of stones, blood stained chappal ( Mos 4 to 7 already marked), prepared a detailed rough sketch (Ex.P15) in the place of offence. He also prepared a rough sketch (Ex.P16).
He visited Nadi kairwadi village and secure the presence of PW.12,
LW.6/ Shaik Hassan and recorded their statements. PW.12 stated before him as in Ex.P13.
On 19-02-2013 he visited Kotha Kairwadi village and secured the presence of LW.7/Rangamuni, LW.8/Telkugu Meenakshi, LW.9/K.Saleema,
PW.3 and PW.4 and examined and recorded their statements U/sec.161 of
Cr.P.C.
On 21.02.2013 he prepared letter of advice and forwarded material objects seized by him to RFSL, Kurnool, Professor, Forensic medicines and professor of Pathology, Kurnool for examination and report. On 26.02.2013, received Ex.P2 PM report. On the basis of the PM report altered section of
Law 174 to 302 of IPC (Ex.P17) and registered the FIR U/sec.302 of IPC. He filed alteration memo (Ex.P18).
PW14-B. Sreenivasa Rao, CI of Police, testified that on 26.02.2013 at 1.30 noon time while he was in his office, PW.13 came to his office and 18 handed over CD file in Cr.No.12/13 of Nandavaram P.S for the purpose of investigation.
He verified the investigation conducted by PW.13. He also examined
PW.1, PW.2, LW.3 Khaja, LW.4 Basha, PW.12, LW.7 Kuruva Rangamuni,
LW.8 Telugu Meenakshi, LW.9 Katika Saleema, PW.3 and PW.4. He examined orally and they stated to him as stated PW.13.
On the same day at 4-00 pm, he visited place of offence i.e. in the land of dealer Bazari. On 27-02-2013, secured the presence of PW.5, PW.6 and recorded their statements. On 1.3.2013 at 6-00 am while he was in office, received credible information about you in this case. Immediately secured the presence of PW.8, PW.10 and 7-30 am all reached Shoganuru village outskirts i.e. infront of Boya Gorantlappa Hayrick yard and there he noticed
A1 to A5 and having seen the police jeep they tried to ran away and he caught hold them with his police staff. On interrogation they confessed the offence in presence of the two mediators. He prepared panchanama with help of one constable. A1 further confessed that he kept knife in the land at
Nadikairwadi village and would show the knife where it was kept ( Relevant portion of mahajar is already marked as Ex.P6). He arrested all of accused under cover of panchanama.
On the same day he led him and mediators to Nadikairwadi village at 10.00 am in the land of Katika Doulath Bee and A1 brought one knife by digging the land and hand over the knife to him. He seized the knife ( MO.8) from the possession of A1 under cover of seizure panchanama ( Ex.P7).
He returned to the police station along with accused at 11-30 am and sent them for judicial remand. On 5.3.2013 he sent all the material objects in this case to the RFSL, Kurnool for analysis, received the RFSL report
Ex. P.19. After receipt of the all the reports, he laid charge sheet against the you U/sec.302 r/w.sec.34 of IPC.
19
The case of the prosecution is that PW1 and her husband having four acres of land adjacent to their lands of Reddy people and also A.5 is having land. Generally they used to fetch water from Thungabadhra Yeti Gadda with help of motor. PW1 having two motors for the purpose of fetching water.
Reddy people are having two motors and A.5 had two motors for the purpose of fetching the water to their respective lands. As they start the motor, the water will not flow to the lands of A.5. In that connection A5 and her three sons frequently quarreling with her husband-Akbar Vali.
On 17-2-2013 at 11-00 AM her husband left the house saying that firstly he fetch the water to the lands and later he intends to go to his relatives marriage at Talamari village by motorcycle. On the same day at 3-00 PM her husband did not return to the home till 2-00 PM. At 3-00 PM she tried to contact to her husband through G.Malla Reddy phone on one occasion and again with the phone of L.W.3 Chinna Khaja phone and phonewas switch off. Thereafer, she came to know through L.W.3 Chinna Khaja that her husband dead body was found in Dealer Bajari field. Then herself and LW.3
Chinna Khaja rushed to Dealer Bajari land and she found injury on the neck of her husband. She suspected that her husband was killed by A5 and her three sons. Then she went to the Nandavaram police station and lodged complaint. But, as per complaint it was mentioned that some unknown persons killed her husband and in this regard learned counsel for accused argued that P.W.1 exaggerated her evidence that as if accused murdered her husband because in her 161 CrPC statement she stated that some unknown persons killed her husband. But, during the course of her evidence she narrated entirely different story, as accused murdered her husband. So, the contention of the accused is that the evidence of PW 1 cannot be believable.
PW2 who is son of PW1 husband’s brother also deposed the same. But in 161 CrPC statement, (D1) he stated that nearly two months back the son of Macherla Vali by name Hujur, Katike Faruq Basha S/o Katike Vali had 20 close relation with wife of Faruq basha and in that connection Katike Vali and his two sons, Mahaboob Basha and Faruq basha beat the Hujur and in that connection his junior paternal uncle deceased Akabr Vali supported to
Hujur, and went upon the house of Katike Vali and threatened him then the sons of Katike Vali by names Mahaboob Basha and Faruq basha threatened deceased with dire consequences and they suspected the sons of Katike Vali might have killed the deceased, which was marked as Ex.D1. The same contradiction is marked through PW4,PW5 and PW6, as Ex.D2 to D4.
As per 161 CrPC statement there are disputes in between Akbar Vali with one Katike Faruq Basha and Mahaboob Basha, because Hujur is having illegal relationship with the wife of Faruq Basha. In that connection Faruq
Basha and his brother Mahaboob Basha bet Hujur and in the said dispute deceased Akbar Vali supported Hujur and he along with his community people went to the house of Mahaboob Basha and Faruq basha and warned them. For that, he stated in his 161 CrPC statement as the said two persons might have killed the deceased Akbar Vali. It is only a suspicion. Apart from that the prosecution has examined PW1 to PW4 immediately one day after lodging complaint. By that time they do not know about the motive behind the incident and also about the accused. During investigation period, PW5 and PW6 who are said to be eye-witnesses categorically narrated the entire manner of incident and their evidence clearly supported case of the prosecution. Apart from that, the injuries stated by them corroborated with postmortem examination (Ex.P2) and they were examined on 27-2-2013, that is nearly after 10 days of the incident took place i.e. 17-2-13. For that, both of them categorically stated in their chief examination that due to fear of accused they did not state to the police about the incident. While the investigation is going on, after knowing incident, they went to police station and gave statements. After recording statements of PW5 and PW6, the investigation agency also came to know that there was motive behind 21 accused family and deceased family. No doubt, PW1 to PW4 did not state about fetching of water from Tungabhadra River and also disputes in between accused family and deceased family in respect of fetching of water.
For that learned counsel for accused argued that the motive as stated by prosecution is flimsy motive and it cannot be taken into consideration because if really there is motive in respect of fetching of water, PW1 to PW4, might have categorically stated in their 161 CrPC statements, about motive.
If really accused not involved in this case, it is the bounden duty on the part of the accused to prove that they were not responsible for the death of deceased. No doubt, prosecution has to prove guilty of the accused beyond all reasonable doubt but not accused to prove their contention. But in the present case, accused taken a specific plea during the course of cross- examination is that, Mehaboob Basha and Faruq Basha might have killed the deceased. Their further contention is that under the influence of MLA they were brought by him from the custody of the police. With the influence of the MLA, the police registered a false case against the accused No.1 to 5. If that plea was taken by the accused, it is incumbent on the part of them to prove that Mehaboob Basha and Faruq Basha were involved in the murder of deceased Akbar Vali. What is the necessity of PW1 to PW4 only to speak about A1 to A5 in respect of murder of Akbar Vali. Even though so many villagers in the village. If the water drawn by PW1’s family, it will diminishes flow of water to the accused land. For that, the learned counsel for the accused argued that so many acres of land were irrigated under
Tungabhadra River and even though water was drawn by PW1’s family, the question of not flowing of water to the lands of A5 does not arise. It seems that to the both lands there is one water pipe for that only if the water comes to the field of PW1, no water flow to the fields of A5. So the motive is established by the prosecution. Even though case was registered against A1 to A5 but, as per evidence of PW4 and PW5, A1 and A2 stabbed the deceased 22
Vali with knife (MO8) on his neck and shoulder. Whatever injuries stated by
PW4 and PW5 were corroborated with PM report and the cause of death was due to shock and hemorrhage (Ex.P3). So, the cause of death is due to neck injury on deceased Akbar Vali. As per prosecution witnesses they did not state against A3 and A4. In respect of A5 in 161 CrPC statement, one big stone was thrown on the body of the deceased Akbar Vali but the same was not stated by PW5 and PW6, being eye-witnesses to the incident. Apart from that the investigating agency also not sent the said stone to Forensic Science
Laboratory for examination. During course of evidence PW14 stated that he broke down the boulder and sent one piece of stone to the RFSL. As per
RFSL report there is no such object sent to the RFSL. So the participation of
A5 in the offence not proved by the prosecution. So there is no evidence against A3 to A5 to fix criminal liability against them, as such they are entitled for acquittal.
Another contention of the accused is that PW3 and PW4 were behind back to lodge complaint against accused PW4’s wife is sarpanch of
Nadikhairawadi village, she continued as sarpanch till 2012. Learned counsel for the accused argued that even though PW3 stated in 161 CrPC statement about disputes between Mehaboob Basha and Faruq Basha, with deceased Akbar Vali, but intentionally they have implicated A1 to A5 in this case because accused purchased site of PW3, and he constructed a house on higher level than that of PW3’s house. For that he bore grudge against A1 to
A5 and falsely implicated them. It seems a flimsy ground. Basing on flimsy ground, no body implicate anybody in murder case. In respect of PW4 evidence he also stated in 161 CrPC statement about disputes in between
Mehaboob Basha and Faruq Basha with Vali, but the contention is that
PW4, A1,A3 and A5 belongs to Congress Party earlier, subsequently, PW4 changed his party to YSR Party and requested A1,A3 and A5 to join YSR
Congress Party, for that they refused. Due to that grudge, PW4 might have 23 stated against A1 to A5. But, it is also a flimsy ground, basing on the said simple ground, nobody accuses any body in murder case. So, this argument of learned counsel for accused is no way helpful to the accused case.
Another contention of learned counsel for accused is that during course of cross-examination he put a question on the witnesses that there was crocodile moving near the land of A5. But, it seems that the contention of the accused is that deceased died due to bite of crocodile. But, as per PME report the opinion is not like that. So, this argument is also no way helpful to the case of prosecution.
Another contention of the accused is that as per prosecution case
PW5,PW6 are eye-witnesses to the incident and they went to Nadi Khirawadi village for the purpose of cutting jambu stake. While they were cutting stake, they witnessed incident. The learned counsel for the accused argued that there is no necessity for them to go to Nadi Khirawadi village to cut jam stack because they are residents of Kotha khirawadi village and jam stake is also available in that area. So the presence of PW5,PW6 at the time of incident is doubtful, as such their evidence cannot be taken into consideration.
He further argued that PW1 to PW4 entirely changed their earlier version, by suppressing earlier version and created new version. The earlier version is marked as Ex.D1 to D4 which are material contradictions. For that he relied on a decision reported in 2018 (@) ALD CRL 596 Kothareddi
Aswartha Reddy and anotherv State of Andhra Pradesh. As per above citation, our lord ship held that “suppression of earlier version has effect of completely demolishing prosecution case and rendering its version wholly unacceptable”. But, in the instant case, PW1 to PW 4 changes their earlier version but after examining PW5 and PW6 they came to know that accused are real persons who involved in the crime.
24
In this aspect learned in charge Addl.PP argued that delay in examining certain witnesses is not a fatal to the prosecution case. For that he relied a citation in Appeal (crl) 256-257 of 2005, State of UP v Satish, in the above lordship held that “unless the investigation officer is categorically
asked as to why there was delay in examination for the witnesses the
defence cannot gain any advantage therefrom. It cannot be laid down as
a rule of universal application that it there is any delay in examination
of a particular witness the prosecution version become suspect. It
would depend upon several factors, if the explanation offered for the
delayed examination is plausible and acceptable and the court accepts
the same as plausible.”
In the instant case, also accused did not put any suggestion to investigating officers PW13 and PW14about the delay in examination of witnesses. So, after examining PW5 and PW6, the investigating agency filed charge sheet against A1 to A5. As such the facts mentioned in the decision relied by learned counsel for accused is not applicable to the facts of the present case.
In the respect of the scene observation panchas they categorically stated about conducting of scene observation panchanama. Learned counsel
for the accused thoroughly cross-examined scene panchas and inquest
panch witnesses, but, nothing was elicited during the course of cross- examination to support case of the accused.
The confession panch witnesses turned hostile. But, one panch witness stated about recovery of MO8 knife at the instance of A1. So, to that extent, the confession of the accused is taken into consideration. In this aspect the learned counsel for accused argued that the recovery of weapon is also doubtful because MO8 recovered from pit. As per evidence of PW8 on 18-02- 2013 at 7-00 AM he was called by SI of Police, Nandavaram to come to the
Nadi Khairwadi village, visited Nadi Khairwadi village at 7-45 AM, went to 25 the house of deceased Akbar Ali. L.W.15, L.W.16 were also present at the house of Akbar Ali. P.W.1, P.W.2, LW.3 Chinna Khaja were also present at the house of deceased Akbar Ali. In his presence SI of Police, Nandavaram conducted inquest over the dead body of deceased Akbar Ali and seized blood stained full cotton banian, Blue colour of lada Nicker, Red and Black strips of Lungi (MO1 to 3) from the dead body of deceased in his presence.
He signed in the inquest report (Ex.P4)
On the same day i.e., on 18-02-2013 at about 12-30 Noon time SI of
Police, nandavaram taken him, Talari Thimmaiah (L.W.17) to Thungabhadra
Bund (land of Dealer Bajari) and in his presence police officials seized Blood stained mud, Blood stained stone piece, Black colour Pargan Company chappal, Control Mud under cover of panchanama (MO4 to MO7. Himself,
LW.17 Thimmaiah signed in the seizure panchanama (Ex.P.5).
On 1-3-2013 at 6-00 AM while he was at Yemmiganur, he was called by
SI of Police of Nandavaram and asked to come to Inspector of Police office,
Yemmiganur. He visited Inspector of Police office, Yemmiganur at 6-30 AM, found CI of Police, SI of Police and L.W.17 Talari Thimmaiah in the office, all visited Soganur village at 7-00 AM by jeep. By the time they reached
Gorantalappa Hayrick Yard in the outskirts of Soganur village, and there police arrested Taravali and he stated that he show the knife if the police followed him. The police officials prepared confessional panchanama of assailants wherein himself, LW.17 Talari Thimmaiah signed. Police officials served the panchanama to all the persons and obtained their signatures.
The relevant portion of confessional statement was marked as Ex.P.6.
Tara Vali taken the police officials and him by jeep on the same day at 10-00 AM they reached the land of Tara Vali at Nadi Khairwadi village and the motor of Tara Vali and in the presence of CI of Police Tara Vali taken one knife from pit and handed over the knife to Inspector of Police. The length of the knife is 30 cms and the width of the knife is 2 cms. In his presence 26
Inspector of Police seized the knife under cover of seizure panchanama wherein himself, L.W.17 Talari Thimmaiah copy served to the Tara Vali.
Seizure panchanama dt.1-3-2013 at 10-00 AM is marked as Ex.P.7. M.O.8 is
Knife.
Another contention of the accused is that there is delay in lodging complaint after 24 hours of the incident PW1 lodged complaint, and the delay in lodging complaint is fatal to the prosecution case. In FIR it was categorically explained delay by investigation officer that after shifting dead body to the house from the scene of offence, due to that the delay was caused. So, the explanation given by investigation officer is satisfactory, as such in the instant case the delay is not fatal to the prosecution case.
For this aspect learned counsel for the accused argued that once witnesses turned hostile for the confession and seizure, the seizure of the knife cannot be taken into consideration. For that learned PP argued that if panch witnesses turned hostile which happens very often in criminal cases, the evidence of the person who effected recovery would not stand vitiated.
For this preposition the learned in charge Addl.PP relied upon a decision reported in 2001(1) ALD Mohd Aslam v State of Maharashtra. So in the instant case also even though PW8 and PW10 turned hostile, the prosecution case cannot be vitiated in respect of the recovery of the weapon because as per the PME shows the cause of death of deceased Akbar Vali is for the injuries on the neck. As such, prosecution proved the case as with
MO8 A1 and A2 stabbed deceased Vali, therefore, A1 and A2 are liable for conviction, without any hesitation. Sentence will be passed after hearing accused No.1 and 2.
Dictated to Personal Assistant, Transcribed by him, corrected and
pronounced by me in open court, this the 5th Day of February, 2019.
SD/-SMT.,I SAILAJA DEVI
II ADDITIONAL SESSIONS JUDGE,
KURNOOL AT ADONI.
27
31. After convicting the accused No.1 and 2 above, they are questioned with regard to the quantum of sentence.
Accused No.1 and 2 are represented that they are having wife and children and they have to lookafter them. As A1 and A2 are committed heinous crime, I am not inclined to take lenient view. In those facts and circumstances of the case, in the instance case do not satisfy the requirement of test prescribed by case law i.e., crime test, criminal test and rarest of rare test as envisaged in Shanker Kisan Rao Khade Vs. State of
Mahashtra reported in 2013 (5) SCC 546 and MACHHI SINGH AND
OTHERS VS. STATE OF PUNJAB, reported in 1983 (3) SCC 470 and this
Court is of the view that capital punishment of death cannot be imposed.
Therefore,
(i) Accused No.1 and 2 are sentenced to suffer IMPRISONMENT FOR LIFE for the offence punishable under Sec.302 IPC and to pay a fine of Rs.2000/- each (Rupees Two thousand each ) in default to suffer imprisonment for three months each.
(ii) The remand period, if any, undergone by the accused No.1 and 2 shall be set off under Sec. 428 Cr.P.C. It is informed to the accused No.1 and 2 that the said period will be counted or considered at the time of remission or parole.
(iii) M.O.1 to MO-8 which are non-valuable properties deposited in C.P.R.No.5/2018 shall be destroyed after appeal time is elapsed.
(iv ) The accused No.1 and 2 are informed of their right to prefer an appeal before the Hon'ble High Court by taking legal-aid, if necessary, by approaching State Legal Services Authority.
(v) Accused No.1 and 2 are entitled for a free copy of judgment to be given to them today.
vi) Accused No.3 to 5 are found not guilty for the offence punishable under section 302 read with 34 of IPC and they are acquitted for the same under section 235(1) CrPC. The bail bonds of A3 to A5 shall remain in force for a period of six months as contemplated under section 437A CrPC.
Pronounced by me in open Court, this the 5th day of February, 2019.
SD/-SMT.,I SAILAJA DEVI.
II ADDITIONAL SESSIONS JUDGE
KURNOOL AT ADONI.
28
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
Witness For Prosecution For Defence
PW.1 Jaithun Bee. -
PW.2 Mulla Husseni. -
PW.3 Boya Prakash. -
PW.4 V.Srinivasa Reddy. -
PW.5 Daveedu. -
PW.6 Shaik Yusuf. -
PW.7 Dr. Rajappa. -
PW.8 C.T. Krishnamurthy. -
PW.9Dr. T. Sai Sudheer. -
PW.10Thalari Thimmaiah. -
PW.11 Tamil Arasi. -
PW.12 Mulla Matheen. -
PW.13 S.Surya Mouli. -
PW.14 B.Sreenivasa Rao. -
EXHIBITS MARKED
Exhibits Exhibits marked on behalf of Exhibits marked on Prosecution behalf of Defence Ex.P1 Statement of PW.1 recorded by S.I of - police, Nandavaram dt 18.02.2013 at 1.00 hrs
Ex.P2 Postmortem certificate.
Ex.P3 Final Opinion dt 22.5.2013 -
Ex.P4 Inquest report dt 18.02.2013 at 8.00 hrs -
Ex.P5 Observation and seizure panchanama dt - 18.2.2013 at 12.30 pm.
Ex.P6 Relevant portion of confessional - statement dt 1.3.13 at 7.00 hrs.
Ex.P7 Seizure panchanama dt 1.3.2013 at - 10.00 am.
Ex.P8 Govt., A.P., Kurnool medical college - Forensic medicines Toxicology issued by Sri. T. Sai Sudheer M.D., dt 25.02.2013.
29
Ex.P9 Signature of PW.10 on observation and - seizurfe panchanama dt 18.2.2013 at 12.30 pm. Ex.P10Signature of PW.10 on confessional - panchanama dt 1.3.2013. Ex.P11Signature of PW.11 on seizure of - property panchanama dt 1.3.2013. Ex.P.12Opinion relating to neck. -
Ex.P.13Section 161 (3) Cr.P.C statement of - PW.12. Ex.P.14FIR in Cr.No.12/2013 dt 18-2-2013 - U/sec. 174 of Cr.P.C of Nandavaram P.S Ex.P15Rough sketch of place of offence. -
Ex.P16Rough sketch of scene of offence. -
Ex.P17Altered FIR in Cr.No.12/2013 dt - 26.02.2013 U/sec.302 of IPC Ex.P18Altered memo. -
Ex.P19 RFSL report dt 2.11.2013. -
Ex.D1. The portion of U/s.161 (3) statement of - PW.2. Ex.D2. The portion of U/s.161 (3) statement of - PW.4 Ex.D3. The portion of U/s.161 (3) statement of - PW.5 Ex.P4. The portion of U/s.161 (3) statement of - PW.6
MATERIAL OBJECTS
MO.1. Blood stained full cotton Banian.
MO.2. Blood stained Nada Nicker
MO.3. Red and black stripes of Langa.
MO.4 Blood stained Mud.
MO.5. Blood stained stone
MO.6. Black colour Paragan chappal
MO.7. Control mud.
MO.8. Knife.
SD/- I.S.D.
II A.S.J.
30 31