JUDGMENT

S. NATARAJAN, J. :— This Appeal by Special Leave by the State of Andhra Pradesh is directed against the judgment of the High Court of Andhra Pradesh in Criminal Appeal No. 308 of 1975 setting aside the conviction of Respondents 1 and 2 under S. 302 read with S. 34 of the Penal Code and the sentence of imprisonment for life awarded therefor and acquitting them.

2. Respondents 1 and 2 who were arrayed as A1 and A2 and two others were charged under S. 302 read with S. 34 of the Penal Code for having committed the murder of one P. Narasaiah of Kalekal village at about 7. 30 a.m. on Nov. 25, 1974 by respondents 1 and 2 attacking him with an axe (M. O. 4) and knife (M. O. 9) respectively and the other two accused holding him during the attack to facilitate the crime. The learned Sessions Judge accepted the prosecution case and convicted respondents 1 and 2 under S. 302 read with S. 34 of the Penal Code and sentenced them to undergo imprisonment for life but acquitted accused 3 and 4 on the ground that their complicity in the commission of the offence was not fully proved. Respondents 1 and 2 preferred Criminal Appeal No. 308 of 1975 to the High Court. The High Court has allowed their appeal, acquitted them, and set them at liberty.

3. Before referring to the arguments of Mr. C. Obulapathi Chowdary, Additional Public Prosecutor appearing for the State we will refer in brief to the facts of the case and the evidence of the witnesses. On the morning of Nov. 25, 1975 deceased Narasaiah, who was a sarpanch and a money-lender left his house for the bus stand in order to proceed to Hyderabad. At about 7.00 a.m. when he came near the tea shop of P. W. 6 Shaik Ali, he was attacked by respondents 1 and 2 with an axe and knife respectively. The knife had been carried by the second respondent but as regards the axe it is said to have been snatched from P. W. 4 Laxmi Narsiah, a sheep herd standing nearby. Besides P. W. 4 mentioned above, P. W. 5 Mangali Narsaiah who had just came out of the tea shop of P. W. 6 after taking tea, saw the respondents launching their attack on the deceased. At once P. W. 5 called out P. W. 6 and he came out followed by P. W. 7 Kanigri Narsiah and P. W. 8 Baigari Chandriah, who were taking tea in the tea-shop. All these witnesses saw respondents 1 and 2 felling down the deceased by attacking him with axe and knife.

4. After the assailants had left the scene P. W. 6 sent word to P. W. 1 Malikarjun son of the deceased. P. W. 1 came to the scene and after being informed about the occurrence he rushed to the Police Station at Toopran, about 20 K.M. away and gave a report Exhibit P1 at about 8.20.a.m. After registering a case and sending express reports to the concerned authorities P. W. 19 proceeded to the scene of occurrence and conducted the investigation. During the inquest he examined P. Ws. 5 and 6 and thereafter he examined other witnesses including P. Ws. 7 and 8. The investigation was taken over on that evening by P. W., 20, the inspector of police.

5. Autopsy on the body of deceased Narasaiah was done by P. W. 15 Dr. M. A. Hafees. He found 13 injuries on the dead body and he has opined that injuries 7, 8, 10 and 13 could have been caused by attack with an axe and injuries 1, 2, 5, 9, 11 and 12 could have been caused by attack with a knife and injury number 6 was an abrasion. He has further stated that injuries Nos. 1, 9 to 11 and 13 were grievous ones and the victim would have died on account of shock and haemorrhage resulting from these injuries.

6. The respondents were absconding for a few days but eventually they were traced and arrested. The axe and knife alleged to have been used by them were recovered at their instance during the course of investigation.

7. In their statements the respondents, pleaded innocence and denied the prosecution case against them in its entirety.

8. As already stated the learned Sessions Judge accepted the evidence of the eye- witnesses and found accused 1 and 2 guilty as charge