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TMI Blog2002 (10) TMI 822X X X X Extracts X X X X X X X X Extracts X X X X ..... prisonment for a period of three months. They were further convicted under Section 148 of the Penal Code and each one of them was sentenced to undergo rigorous imprisonment for a period of one year. Appellant Nos. 2 and 3, namely, Nallamekala Venkateswarlu and Gogasani Ramaiah, who were also charged under Section 506 of the Penal Code, were acquitted of the same All the sentences were, however, ordered to run concurrently. On appeals being preferred before Andhra Pradesh High Court, convictions and sentences of the appellants have been confirmed whereas the three accused persons referred to above have been acquitted of the charges leveled against them. 2. Prosecution case, in short, is that the accused persons as well as members of the pros ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bba Rao and Kallikonda Venkateswarlu speared on his back. The incident is said to have been witnessed by PWs. 1 to 4 who raised alarm whereafter the accused persons took to their heels. Stating the aforesaid facts,a first information report was lodged by the informant at the police station on the same day at 12 Noon. 3. The Police after registering the case took up investigation and on completion thereof submitted chargesheet against all the nine accused persons,including the appellants on receipt whereof, the learned Magistrate took cognizance and committed all of them to the Court of Sessions to face trial. 4. Defence of the accused persons was that they were innocent, falsely implicated in the case on hand and no occurrence much less the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he testimony of witnesses in relation to complicity of those accused persons has been doubted on the ground that their evidence in relation to them in not corroborated by medical evidence, which cannot be taken to be a ground while considering cases of the appellants against whom the evidence of the eyewitnesses has been found to be credible and corroborated by medical evidence as well as objective findings of the Investigating Officer. 7. Learned counsel next submitted that all the four eyewitnesses, namely, Pws. 1 to 4 were partisan witnesses and no independent person was examined,although many independent villagers arrived at the place of occurrence. While considering the submission on this score, the trial court observed that their non- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also pertinent to note the distance to which the accused dragged the deceased. It was elicited in the cross-examination of PW. 1 and other witnesses that the deceased was dragged to 4 to 5 yards. PW.1 says the distance as 5 to6 yards while PWs. 2 and 3 say it as three yards. Thus it indicates that the deceased Basari Sankarrao was dragged for about 3 to 4 yards and it is a hard surface road. It can be seen from the evidence of PW. 3 that it is a metal road. In such a case there is no possibility to form dragging marks or dragging injuries as deceased was dragged only to a maximum distance of 4 or 5 yards and when the person was dragged to such a distance, there may not be any injuries and therefore the contention raised on behalf of the acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... over to the Magistrate. This witness stated that after handing over the first information report, the Sub-inspector of Police sent him to the place of occurrence where as per his instructions he stayed till 5 P.M. Later, the Inspector of Police made over the dead body of the deceased to this witness with instructions to take the same to the Government Hospital, Guntur, and to hand it over to the hospital authorities and after handing over the dead body to the hospital authorities, he went to the Magistrate and delivered the first information report to him at 6 P.M. This witness further stated that there were only six constables attached to the police station on the relevant date which goes to show that at the concerned police station there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... recorded without delay and investigation started on its basis, if any delay is caused in sending the same to the Magistrate which the prosecution fails to explain by furnishing reasonable explanation, what would be its effect upon the prosecution case. In our view, ipso facto the same cannot be taken to be a ground forth rowing out the prosecution case if the same is otherwise trustworthy upon appreciation of evidence which is found to be credible. However, if it is otherwise, an adverse inference may be drawn against the prosecution and the same may affect veracity of the prosecution case, more so when there are circumstances from which an inference can be drawn that there were chances of manipulation in the first information report by fa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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