THE HONOURABLE SRI JUSTICE K.SURENDER AND THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL APPEAL Nos.1164 & 1049 OF 2019 COMMON JUDGMENT: (per Hon’ble Sri Justice K.Surender)

1. Crl.A.No.1164 of 2019 is preferred by A-1 to A-3, and Crl.A.No.1049 of 2019 is preferred by A-4.

2. Since both the Appeals are filed questioning the conviction in S.C.No.205 of 2018, on the file of III Additional District & Sessions Judge at Asifabad, both the appeals are considered and disposed of by way of this common judgment. 3. Heard learned counsel for the appellants and the learned Additional Public Prosecutor for respondent-State.

4. P.W.1 is the wife of Dasharatham (deceased). According to her, on 03.08.2017, at about 10 a.m., the deceased, along with his brother Ankaiah (not examined), went to the MRO office in connection with a land issue. In the evening at about 6 p.m., the deceased returned home and informed her that A-4 threatened him with dire consequences in connection with land disputes between the deceased’s family and the family of A-4. Around 9 p.m., the deceased went out. P.W.1, daughter, Swathi Priya/P.W.2, and son, Sai Preetham (not examined), were in the house. They heard the deceased shouting and went out. They found the deceased lying on the road with bleeding injuries in front of the house of P.W.4. A-1 to A-3 were near the deceased. A-1 was armed with a knife, A-2 and A-3 with an axe and an iron rod, respectively. When P.W.1 questioned him, the deceased stated that A-1 stabbed him. Immediately, Kotaiah/P.W.6 arrived at the scene, and he was also assaulted. The deceased was then taken to the hospital and treated by P.W.14. The deceased died on 03.08.2017.

5. P.W.14 examined P.W.6 and found the following injuries:

“1. A laceration measuring 2.3cm., x0.5 cm., on the right side of the chest.

2. A laceration measuring 2cm., x 0.5 cm., on the left forearm.

3. Fracture of left ulna.”

6. Postmortem was conducted by P.W.14 on the deceased, and P.W.14 found the following injuries:

“1. A deep laceration over left chest laterally 1 ½ x 2 inches.

2. Left lung was lacerated measuring 1 ½ x 3 inches.

3. Left side heart was lacerated measuring 1 x 2 inches.”

7. According to P.W.14, the death was caused due to hemorrhagic shock, followed by a stab injury over the left chest.

8. P.W.1 lodged a complaint at 8 a.m. on 04.08.2017, narrating the incident and stating that the death of the deceased occurred at the hospital.

9. The Investigating Officer/P.W.15 took up investigation after the crime was registered. He went to the scene and conducted the scene of offence panchnama. Inquest was also held. Thereafter, the postmortem was conducted on 05.08.2017, and A-1 to A-3 were arrested. At their instance, M.Os.10, 11, and 12 were seized. The bloodstained shirt and trouser of A-2 were also seized. During the confessions of A-1 to A-3, it was revealed that A-4 also had a role to play. Accordingly, A-4 was also arrayed as an accused along with A-1 to A-3.

10. Learned counsel appearing on behalf of the appellants would submit that the only eye-witness to the incident is P.W.4. According to him, A-1 stabbed the deceased with a knife, and when he approached A-1 and the deceased after hearing a quarrel, A-2 and A-3 came there. P.W.4 called Kotaiah/P.W.6. When P.W.6 arrived, he was also attacked by A-1 to A-3. However, P.W.4 did not witness A-1 to A-3 assaulting P.W.6.

11. According to P.W.6, there was a quarrel between the deceased’s family and the family of the accused. In the MRO office, the deceased was threatened by A-2 and A-4. On the same day, in the night, the deceased called P.W.6 and informed him that A-1, along with one Annam Rakesh (not examined), came on a motorcycle and kicked him. The deceased lodged a complaint against them. Thereafter, P.W.6 received a phone call from P.W.4 informing P.W.6 that A-1 stabbed the deceased. When he came to the scene, according to P.W.6, A-2 hacked him with an axe on his left hand. A-1 stabbed him on his right side below the