THE HONOURABLE SRI JUSTICE K.SURENDER AND THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL APPEAL No. 3117 of 2018 JUDGMENT: (per The Hon'ble Sri Justice K.SURENDER)

This appeal is filed by the appellant/Accused, aggrieved by the conviction recorded by the Principal Sessions Judge, Adilabad, in S.C.No.237 of 2014 dated 04.10.2017, for the offence under Sections 302 read with 34 of IPC, and sentence to undergo life imprisonment and to pay a fine of Rs.5,000/- for the offence under Section 302 of IPC.

2. Heard learned Legal Aid Counsel appearing for the appellant, and Sri Arun Kumar Dodla, learned Additional Public Prosecutor, and Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor appearing for the respondent-State.

3. PW.1 lodged a complaint with the police on 29.01.2014 at 9.00 A.M. In the complaint, he stated that the appellant joined as a Farm Servant for working in the fields of Chinnolla Ganga Reddy s/o.Ramreddy (PW.6). However, he stopped working midway. The appellant took the salary of Rs.25,000/-. The younger brother of PW.6, i.e., Chinnolla Venkat Reddy (deceased), insisted that the appellant should pay back the salary amount that was given earlier since he stopped working midway. For the said reason, there was a quarrel between them. On 29.01.2014, in the morning hours at about 7.00 A.M., when the deceased was sitting along with Narapallu Mahesh Goud (PW.2), Mukutwar Chandrakanth (PW.3), and Velamala Rajareddy (PW.4) by the side of fire, the appellant came there, stabbed the deceased on his back, and fled. The deceased was immediately shifted to the Government Area Hospital, Bhainsa, and from there to the Gandhi Hospital, Secunderabad. The deceased died on account of the injuries. On 30.01.2014, PW.16 conducted autopsy on the dead body. According to the Autopsy doctor, he found one ante-mortem injury, i.e., sutured injury 3 Cms. length placed transversely below middle of left soapula. On opening of suture stab injury with clean cut margins measuring 3 Cms. x 1.5 Cms entering into left chest cavity seen. On opening of chest injury to base of posterior surface of left lung with 500 ml of blood in plural cavity seen.

4. PW.16 opined that the cause of death was due to stab injury to the left lung. Ex.P5 is the Postmortem report.

5. The Investigating Officer-PW.18 arrested the appellant on 02.02.2014 and conducted interrogation in the presence of PWs.13 and 14, wherein the appellant informed that he had kept the knife-M.O.1, which was used to stab the deceased, at the outskirts of Malegaon village. At the instance of the accused, MO.1 was seized. All the material objects were recovered from the scene and seized at the instance of the appellant for the purpose of FSL examination. The FSL report revealed that the material objects contained human blood.

6. The learned Sessions Judge, on the basis of evidence of PWs.2 to 4, who are the eye-witnesses to the incident, recorded the conviction of the appellant.

7. The learned legal aid counsel appearing for the appellant submits that the incident happened in the month of January, which is the winter season and at 7.00 A.M. there would be no light. Even according to the witnesses, the person who stabbed the deceased came, stabbed him, and fled. In the said circumstances, there is no chance of any of the witnesses identifying the appellant. For the said reason, the counsel prayed to reverse the Judgment of conviction.

8. Learned Public Prosecutor, on the other hand, would submit that three eye-witnesses have categorically stated about the stab by the appellant. The eye-witnesses were sitting along with the deceased when the incident happened. Nothing was elicited in the cross-examination to discredit the evidence of PWs.2 to 4.

9. The incident happened in the morning around 7 A.M. PW.1 went to the Police Station and lodged the complaint within 2 hours, i.e., by 9.00 A.M. In the complaint, he narrated that while the deceased was sitting along with PWs.2, 3, and 4, the appellant