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The case of the prosecution, in brief, is stated hereunder:

PW-1 and her husband Sambasiva Rao (the deceased) were residing in the middle floor portion of the three storyed building constructed by them in Thallampadu; that in the upper portion there is a Shivalayam and that the ground floor portion was meant for devotees and kitchen. That the son of PW-1 and the deceased was working in a private company at Hyderabad and their daughter was studying Degree at Khammam and she was staying there. That on 9/10-09-2007 at about 10.45 P.M., when the deceased came out of the house to answer calls of nature, three unknown persons came and threatened them with knife and sticks and asked them to give money and gold, upon which the deceased told the offenders that they were not having anything and requested them not to harm them; that the accused beat PW- 1 on her mouth with stick and took two ear studs, two gold mangala suthralu from her person and one DVD player; that the accused searched the entire room and took her husband with them by confining her in a room; that PW-1 heard the hue and cry of her husband and that in spite of her shouting, no one came to their rescue on that night. That on the next day morning at 8.40 A.M. PW-2 went to the ashram for performing pooja and having heard the shouts of PW-1, opened the door; and that PW-1 came out and saw the dead body of her husband near the stair case. The accused beat the deceased on the middle of the stair case and threw him on the ground and killed him for property.

On receipt of the complaint from PW-1, the Sub-Inspector of Police, Khammam Rural Police Station, registered a case in Cr.No.208/2007 under Sections 302 and 394 IPC and sent the express FIRs to the concerned officers. PW-10-Circle Inspector of Police took up the investigation. During the course of investigation, PW-10 visited the scene of offence, examined PW- 1, PW-2, LW-3 and LW-4, got the scene of offence and the dead body of the deceased photographed by PW-3 a private photographer, observed the scene of offence minutely and drafted the rough sketch of the scene of offence along with Crime Details Form (Ex.P-9), seized MO-4 blood stained pestle, MO- 5 blood stained plough stick (Medi), MO-6 blood stained dothi of the deceased, MO-7 blood stained earth and MO-8 control earth, in the presence of the mediators PW-4 and LW-6. PW-10 also conducted inquest over the dead body of the deceased in the presence of the said mediators under the cover of Ex.P-10 and sent the dead body to the Government Hospital, Khammam, for post-mortem examination. PW-10 also sent PW-1 to the Government Hospital, Khammam for treatment. Dr. B. Jaya Rao, Civil Assistant Surgeon, Government Headquarters Hospital, Khammam, examined PW-1 and issued Ex.P-11 medical certificate. PW-11 conducted autopsy over the dead body of the deceased and issued post mortem report - Ex.P-13, opining that the deceased died due to the injury to the vital organ Brain. The material objects seized were sent for chemical analysis and report on 21-9-2007 and Ex.P-16 is the report issued by the Regional Forensic Science Laborator, Warangal.

On the requisition issued by PW-10, PW-11 I Additional Judicial First Class Magistrate, Khammam, conducted Test Identification Parade of the accused under Ex.P-19. Ex.P-17 is the statement of PW-1 recorded by PW-11 prior to the commencement of the identification parade. PW-1 identified all the accused during the Test Identification parade. Upon completion of the investigation, PW-10 filed charge sheet against the accused for the offences under Sections 302 and 394 IPC.

After the appellant/A-2 was apprehended and produced before the learned III Additional Sessions Judge (FTC), Khammam, the charges were read over and explained to him, which he denied. During the trial, the prosecution examined PW- 1 to PW-11 and got Exs.P-1 to P-19 marked and produced M.Os.1 to 8. On behalf of the defence, no evidence was adduced. On appreciation of the oral and documentary evidence, the trial Court has convicted the appellant/A-2 and sentenced him as mentioned above. Feeling aggrieved by the said Judgment, the appellant/A-2 has preferred this appeal.

Ex.P-19 is the Test Identification Parade proceedings held by PW-11. A perusal of the said proceedings would show that in pursuance of the requisition issued by PW-10, PW-11 issued proceedings to the Superintendent, Sub-Jail, Khammam to make the UT prisoners/suspects available in the premises of the Sub- Jail for the purpose of holding the identification parade; that summons were also issued to PW-1 who was produced before him by the Police and that he recorded her statement from 4 p.m. to 4.10 p.m. in the vehicle outside the jail premises. That PW-1 stated that she can identify the culprits participated in the commission of the offence basing on the physical appearance, complexion and hair dress; that PW-11 has directed PW-1 to sit outside the jail premises until she was called to the place of parade in the Sub-Jail, Khammam. That PW-11 then entered the Sub-Jail premises along with his Personal Assistant, secured the presence of A-1 to A-3 and picked 15 non-suspect persons in the Sub-Jail. After referring to the names of those 15 persons, the proceedings described the method followed by PW-11 in making the accused and the suspects stand in a line. It is further mentioned in Ex.P- 19 that PW-1 has identified all the three accused including the appellant who stood between the suspects at Sl.Nos.8 and 9. It is further stated that all the accused represented to PW-11 that they were already shown to the witness in the Police Station itself and that therefore there is no need to change their places and dresses for further identification by the witness.