JUDGMENT

Dr. B.S. Chauhan, J. —

1. This appeal has been preferred by the complainant, father of the deceased, against the judgment and order dated 13.2.2003 in Criminal Appeal No. 1088 of 2002 passed by the High Court of Andhra Pradesh at Hyderabad acquitting the respondents of the charges under Sections 302 read with 120-B of Indian Penal Code (hereinafter referred to as “IPC”) for committing the murder of G. Arulmozhi by hitting him with a hammer on his head.

2. Facts and circumstances giving rise to this appeal are as under:

(A) Rama Raghuraman (Accused 1)(hereinafter referred to as ‘A- 1’) made a statement to Mr. V. Narasaiah, Sub-Inspector of Police (PW.1) that on 29.4.1997 at about 9.00 A.M., when she tried to wake up deceased, G. Arulmozhi, who was sleeping in the other room of the flat, he misbehaved with her and thus A-1 tried to get out of his clutches in order to save herself. As she could not succeed in her attempt, she got the hammer lying in the room and hit him on his head. On hearing her cries, her husband Raghuraman (A.2) came at the spot and also hit deceased several times on his head with the same hammer and thus, the deceased suffered grievous injuries. Immediate