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That on 3-2-2005 the deceased along with his wife (PW-1) went to Narpala village on his TVS Victor motor cycle bearing registration No.AP02K4914 and consulted a doctor as his wife was suffering from some ill-ness, that the accused came to know of the deceased visiting Narpala and he would return back to the village in the evening, that A-6 and A-7 requested and took the motor cycle of LW-11, that according to their plan, A-1 to A-13 went near the garden of Venkatapuram Ramana Reddy which is by the side of the road in between Chennempalli cross and Bommalatapalli on Narpala-Anantapur road and way laid for the arrival of the deceased, that at about 5.30 p.m., on seeing the deceased and his wife coming on his motor cycle, the accused kept the motor cycle (AP02K7857) across the road and made the deceased to slow down, that A-1 to A-13, armed with deadly weapons such as hunting sickles and sticks emerged out of the hiding place on either side of the road and surrounded the deceased and his wife (PW-1), that A-1 instigated the other accused to kill the deceased; that in furtherance of their common object, the accused hacked the deceased with hunting sickles and dragged him out of the motor cycle; that when PW-1 intervened and requested the accused not to kill the deceased, A-2 and A-7 hacked on her hands and pushed her aside and that again the accused hacked the deceased with hunting sickles and beat him with sticks indiscriminately and the deceased succumbed to the injuries. That PW-2 and PW-3 who were coming on the motor cycle behind the deceased witnessed the occurrence and identified all the accused. That on noticing PW-2 and PW-3, the accused tried to catch them in order to kill them but out of fear PW-2 and PW-3 turned back their motor cycle and fled the place and that the accused dishonestly took away the motor cycle of the deceased. PW-4, LW-4 and LW-6, who came to know about the offence rushed to Chennempalli cross road and noticed PW-1 crying for help, took her to the Government General Hospital, Anantapur and got her admitted where her statement was recorded by PW-15 Police constable and that a case in Cr.No.12/2005 was registered in Bukkarayasamudram Police Station by the Inspector of Police, Itikalapalli circle. That during the course of investigation, on 4-2-2005 at 2 A.M., the Investigating Officer - PW-18, seized the blood stained clothes of PW-1 at the Government General Hospital, Anantapur under the cover of Ex.P-6 mahazar, attested by panchdars i.e., PW-11 and LW-12, and held inquest over the dead body of the deceased at the scene of offence in the presence of PW-6 and LW-16. That the on 5-2-2005, at 9.00 A.M., PW-18 seized the blood stained TVS Victor motor cycle of the deceased which was abandoned on the road situated on the outskirts of Danduvaripalli village, B.K.Samudram Mandal, under the cover of Ex.P-3 mahazar attested by PW-7, LW-17 and LW-19 and that on the same day at 6.00 P.M., PW-18 seized the motor cycle bearing No.AP02K7857 in front of the house of LW-11, which A-6 and A-7 took from LW-11 on the date of the offence. On 7-2-2005 at 4.00 P.M., PW-18 seized the torn and blood stained black blouse of PW-1 produced by LW-10 in B.K.Samudram Police Station under the cover of Ex.P-7 mahazar attested by PW-12 and LW-22.

Analysis of evidence: Coming to the oral testimony of the witnesses, PW-1 who is the widow of the deceased stated that on the day of occurrence, she along with the deceased went to Narpala village on the motor cycle to meet the doctor at 4 p.m; that after consulting the doctor and purchasing medicines, they were returning to their village at about 5.30 p.m. and that when they reached the place near the garden of Venkataramana Reddy, they found one motor cycle placed obstructing their way on the middle of the road. She has further deposed that when the deceased slowed down the motor cycle, all the accused arrived holding weapons in their hands; that A-1 to A-8 were armed with hunting sickles; A-9, A-10, A-12 and A-13 (since died) were armed with sticks and A-11 was armed with a knife; that A-1 has questioned the other accused as to why they were all waiting without attacking the deceased; that A-1 beat the deceased with a hunting sickle, A-2 to A-8 also hacked the deceased with hunting sickles all over the body; A-9 to A-13 also beat the deceased and caused injuries; that when she intervened and requested the accused to spare and save the deceased, A-7 and A-2 beat her with hunting sickles on her hands; that PW-1 sustained cut injuries on both her hands and fell down on the spot; that the accused dragged her to one side of the road and that A-1, A-6, A-7 and A-8 beat the deceased and hacked him with hunting sickles indiscriminately all over the body apart from cutting his hands. PW-1 further deposed that when the deceased fell down, the accused left the scene of offence and went away on the motor bike of the deceased and another bike kept on the road and also on other vehicles. The witness further deposed that at that time, PW-2 and PW-3 had come on motor cycle and the accused have taken them away from that place; that the deceased died on the spot; that she informed the people passing on the road that the accused killed her husband and that nobody came near the witness as she sustained bleeding injuries on her hand. PW-1 has further deposed that she then went to Chennampalli cross where LW-4 and PW-4 came and enquired with her as to what had happened and that she narrated the details of the incident to them. That the said two persons have taken the witness to the Government Hospital, Anantapur where PW-2 arrived while the witness was being admitted in the hospital. PW-1 further deposed that she was in the hospital for four days, that later she was referred to St. Johns Hospital, Bangalore for treatment; and that later she took treatment for 15 days in Sai Baba Hospital, Puttaparthi and for one month in the Osmania General Hospital at Hyderabad. That while PW-1 was in the Government Hospital, Anantapur, Ex.P-1 report given by her was recorded by the Police and as she sustained injuries on her hand, she had put her thumb impression on Ex.P-1. PW-1 was subjected to serious cross- examination. She stated that she does not know whether M.P.P. Elections were held in the year 2003 and that she does not know the various activities taking place in her village. The most crucial statement made by PW-1 which may seriously affect the credibility of her evidence is to the effect that she does not know any other villagers except her relatives in the village. It is not the case of the prosecution that the accused are related to the family of PW-1 and the deceased.

As regards the attack, PW-1 stated that the deceased was attacked and hacked while he was on the motor bike and later he was dragged, that at that time she got down from the motor cycle and stood aside and that all the accused beat and hacked the deceased after surrounding him; that she was standing by the side of the deceased during the attack and that the accused have not attacked her and the deceased simultaneously. PW-1 further stated that she cannot say how many of the accused have attacked the deceased from back and how many from the front. She added that the deceased was attacked from all sides. She also stated that when six of the accused attacked him, her husband did not fall down from the bike, that blood oozed from the injury of her husband and that the tar road also must have had blood stains. The witness further stated that she had requested the passengers on the road to help her but she did not have any acquaintance with them. She admitted that she did not state before the Police that a motor cycle is placed near the road near Venkataramana Reddy garden. She also admitted that she has not given the names of A-8 to A-13 in Ex.P-1 report. She admitted that there is an electric sub-station near Chennampalli cross, that there is a telephone booth near the electric sub-station and that she also has a telephone at her house and that blood was oozing from her hands till she reached Chennampalli cross. She also admitted that there is a rice mill near Chennampalli cross but she does not know whether the people of the rice mill had friendly relationship with her husband. She further stated that she came to Chennampalli cross at about 6.00 or 6.30 p.m. and went to Anantapur Government Hospital in a bus and reached Anantapur at about 7.30 p.m. She admitted that she did not make any attempt to give report at Bukkarayasamudram Police Station nor did she think of going to the Hospital at that place or to any doctor till she reached the Government Hospital, at Anantapur. The witness initially stated that the Inspector has come to the hospital on the next day morning and again she stated that the Inspector came to the hospital two hours after she gave report to the Police. The suggestions put to PW-1 that the deceased was addicted to womanizing, that very often he used to go to meet other women at Sanjeevapuram and also at Bommalatapalli village at around 10.00 P.M., that with regard to the debauchery of the deceased there were many quarrels with other men, that the deceased died at some other place and the accused were falsely implicated, that the witness did not suffer any injuries and that she has managed the Police and doctors to foist a case against the accused, were all denied by her. In the cross-examination made by the counsel for A-3, A-4 and A-9, PW-1 stated that her husband did not raise any cries or sought for any help and that the entire incident took place within a span of five minutes. She denied the suggestion that she has not described the sickles used by the accused as hunting sickles in her complaint. She also stated that she cannot specifically say on which part A-9 and also A-3 and A-4 have beaten the deceased. She further stated that she cannot narrate the exact overt-acts against those accused. She also deposed that she did not state before the doctor that the incident occurred at 4.30 p.m. It was suggested to PW-1 that she did not sustain any injury in the alleged incident and that the deceased was beaten by his enemies during night time and that subsequently after coming to know about the death of her husband, she gave false report and implicated the accused and obtained false wound certificate at the instance of the former M.P. Kalava Srinivasulu.

(vi) It is not possible to believe that when six accused attacked him, the deceased did not fall down from the bike as testified by PW-1.

(vii) PW-1 being an eye-witness and watched the incident standing by the side of the deceased was expected to remember the overt-acts at least in a broad sense, if not in a minute manner. Her testimony that she does not remember as to how many of the accused hacked her husband from the back side and how many hacked from the front side, throws any amount of doubt on her claim of being an eye-witness to the alleged occurrence.