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[v] Accused were waiting for the deceased No.1. At about 12.30noon, PW.1 -Inja Thrillingeswara Reddy, PW.2-Inja Pranavananda Reddy, PW.3-Inja Surendranadha Reddy came on motor cycle to Ayyalur village and were taking with PW.7-Bhaskar Reddy, and LW.9-Mulla Mahaboob at the welding shop of PW.7, then the deceased came and had a talk with PWs.1 to 3 and proceeded towards Ayyalur Village, then PWs.1 to 3 also started on bikes from the shop of PW.7 to go to Ayylaur village. At about 13.30 hours, A1 to A11 formed into unlawful assembly, armed with deadly- weapons such as hunting sickles, and in prosecution of their common object to kill the deceased No.1/Sarveswara Reddy, drove the Mahendra Jeep No.AP 09 H 0414 in high speed and hit the Car No. AP 13 H 1456 of the deceased, as a result, the jeep turned into turtle, A9 / Dasthgiri Reddy [herein after arrayed as 'the deceased No.2'] slipped and fell down underneath the jeep and died on the spot. Car was damaged badly on its right side. A1 to A7 got down from the jeep with hunting sickles, meanwhile, A8, A10 and A11 came and took the hunting sickles from the jeep, went to the car of the deceased and pulled him down from the car. The deceased started running towards the house of PW.4/K.Sivamma. They chased, surrounded and attacked the deceased No.1. A1, A2, A3 and A10 hacked on right side neck of the deceased No.1., with hunting sickles. A4, A5 and A11 hacked on the head and back of the deceased with hunting sickles. A6, A7, A8 hacked the deceased on the head and back of the deceased with hunting sickles. Later A1 to A8, A10 and A11 hacked the deceased indiscriminately with hunting sickles, resulting death of the deceased No.1. PW.4 tried to intervene but the accused threatened her.

[vi] PWs.1 to 3 witnessed the occurrence of accused attacking the deceased, out of fear they did not intervene. PW.13-P.Rama Krishna also witnessed the occurrence and intercepted to save the deceased, then A1, hacked PW.13 on right knee with hunting sickle and beat on the mouth of PW.13 with hunting sickle, resulting in loosening of three lower teeth and breakage of edges of two upper teeth, A7 hacked on the right side of the head, near right ear of PW.13, A3 beat him with reverse side of hunting sickle on the shoulders of PW.13.

(vii) PW.19 and PW20 are the Doctors, who treated PW.13 and PW.22 is the investigation officer. The evidence of PW.8, PW.13, PW.19 and PW.20 require detailed scrutiny as to the said evidence showing guilt of the accused, beyond reasonable doubt and role of the accused in committing murder.

(viii) PW.13 is an important witness. He is doing welding works and running a welding shop at Ayyaluru metta. The date of incident is 18.3.2013 and the time of incident is at about 12:30 to 1.00 pm, as per PW13. His evidence is that the deceased- Surveswar Reddy talked to him while he was going to Ayyaluru; after closing his shop, he started on his motorcycle Passion Plus seen the deceased talking to PWs.1 to 3 at the shop of PW.7 (It is relevant to note that PW.7 did not state anything in corroboration to PW13) and thereafter the deceased No.1 proceeded towards Ayyaluru village. The car of the deceased was at 50 feet ahead of him; people of Gangabaram village coming in a jeep and dashed the car of the deceased. The car went 5 or 6 feet ahead and faced towards the south of the Dargah, the jeep was swered on the road margin. A2, A3, A4, A5, A6, A7, A10 and A11 and A8, armed with hunting sickles, went towards the car of the deceased. A2 pulled up the deceased No.1 from the car and the deceased No.1 tried to escape and ran towards the house of Shivamma/PW.4 (PW4 did not say anything) Then all the accused surrounded the deceased No.1. Then, A1, A2, A3, A10 hacked on the neck of the deceased No.1 with the hunting sickles. A4, A5, A11 are hacked on the head; A7 hacked on the neck of the deceased and when PW13 tried to intercept, A1 hacked on the right knee of PW13, beat him on the mouth with the reverse side of the hunting sickles. A-7 hacked him (PW-13) on the right side of the head with hunting sickles. A-13 hacked him on both shoulders with the hunting sickles and then he fell unconscious. Police examined him 10 or 15 days after the occurrence, at Government General Hospital, Kurnool.

(xii). Ex.P.27 is the wound certificate of PW.13 indicating that, the injuries are grievous in nature. During the cross-examination of PW-19, he has stated that in case of direct violence of like assault, there would be visible external injury on the skull, but he did not find any externally injury on PW 13. If a person is hacked with hunting sickle or an axe, there will be serious incised injury or lacerated injury. If a motorcyclist is subjected sudden deceleration, to be thrown out of his vehicle and to be flunk to the ground and due to that head may sustain first with the injury. He has admitted that injury is due to flunking to the ground or hitting the stationed object and that, there is no external injury on the skull of PW 13. When the motorcyclist is thrown out and falls on the ground in addition to hit there is every possibility of sustaining same some superficious lacerated injuries and contusions bony eminences are due to coming to contact with the ground. Injury No.2 is superficial injury and is possible by contact through rough surface. He has mentioned in page Ex.P27 that the said injuries will be caused by blunt object (ground surface) only. Ground surface is also a blunt object. Axe is a sharp cutting instrument, the reverse portion of the axe may be considered as blunt portion of axe; on sustaining injury No.1, PW.13 fell immediately unconscious due to shock. The compounding fractures of franto parital region may be due to indirect violence. There was effusion of blood in the intracranial portion of skull. Except two injuries, he did not found any other injuries on PW-13. He did not note any injuries on the upper and lower teeth of PW13.