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2) The substance of the Charge against the accused is that, on 05.10.2009 at about 9:00 hours, near Srinivasa Junction in Yemmiganur Town, caused death of Harijana Gopalam Prabhudas @ Prabhu [the 'deceased'] by hacking him with sickles.

3) The facts, as culled out, from the prosecution witnesses are as under:

i) PW1 is the Wife of the deceased, while PW3 and PW4 are Mother and younger Brother of the deceased. PW2 is closely related to the deceased and PW1. PW5 and PW6 were examined as eye witnesses to the incident. The deceased is said to be a Hamali by profession. PW1 knows the accused and other witnesses. It is said that, deceased was a close friend of Accused No. 1. The deceased was a trainer of Kattesamu and other martial arts.

11) But the version of PW6, who was with PW5 is different. According to him, while he and PW5 were at Kalugotla road at about 8.45 PM, the deceased came and informed that Accused No. 1 and 2 were calling him and asked them to accompany him. All three of them went on motor cycle to a place nearby Srinivasa Theatre. Suddenly, Accused No. 1 and deceased started quarrelling and both of them caught hold of each other's collar. PW5 and PW6 separated them. At that time, Accused No. 1 beat the deceased with a reaper on his head and Accused No. 2 hacked the deceased with a knife. Again, Accused No. 2 hacked the deceased with hunting sickle on the backside of the head, as a result of which, the deceased fell down. Being afraid of seeing the incident, they ran away and went to the house of the deceased and informed the incident to PW3. Thereafter, PW1, PW3 and PW4 went to the scene of offence.

"PW.6 ............. Myself and James were at Kalugotla road at about 8.45 p.m., on 5-10-2009. At that time, Prabhudas came to us and informed that A-1 and A-

2 are calling him. So, deceased Prabhudas asked us to accompany him. Myself, PW5 and Prabhudas went by motor cycle to a place nearby Srinivasa Theatre. We found A-1 and A-2 at that place. Suddenly A-1 and Prabhudas started quarreling. They were infact fighting by catching hold the color of each other. Myself and James tried to separte Prabhudas and A-1. Meanwhile, A-1 beat Prabhudas with a reaper on his head. Accused No. 2 hacked deceased Prabhudas with a knife. Again the witness said that accused No. 2 hacked the deceased with hunting sickle on the backside of the head. Resultantly, Prabhudas sustained bleeding injury and fell down on the ground. We were afraid by seeing the incident and ran away. Then we went to the house of the deceased and informed about the incident to Smt. Yellamma (PW3). At that time, P.W.-1, P.W.-3, P.W.-4 and Prakash Babu were there."

20) While the evidence of PW6 is to the effect that, when PW5 and PW6 tried to separate the deceased and Accused No.1, the Accused No. 1 beat the deceased with a reaper on his head and Accused No. 2 hacked the deceased with a knife. However, he corrects himself stating that Accused No. 2 hacked on the backside of the head as a result of which the deceased fell down on the ground. This portion of the evidence PW5 and PW6 appears to be an improvement from what they have stated before the police during their investigation. PW11 in his evidence categorically states that, "PW5 stated before him that, he and PW6 separated Accused No. 1 and deceased. He did not state that while they were taking the deceased with them, Accused No. 1 beat on the head of the deceased from the backside with a reaper and Accused No. 2 hacked with hunting sickle on the neck area of deceased from back side". This version in the earlier statement is something different which is marked as Ex.D7 and Ex.D8. Similarly, the investigation officer admits that PW6 never stated before him in the earlier statement that while he [PW6] and PW5 were separating the accused and the deceased, Accused No. 1 beat the deceased with a reaper. His evidence also discloses that PW6 never stated before him that Accused No. 2 hacked the deceased with hunting sickle on the back side of the head. However, his version was something different which came to be marked as Ex.D9. It would be useful to extract the relevant admission in the evidence of PW11, which are as under: