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Boya Hanumanna & ANR. Vs. State of A.P. [2009] INSC 1723 (11 November 2009)

Judgment

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 514 OF 2008 BOYA HANUMANNA & ANR. .. APPELLANT(S) vs.

O R D E R

Ms. Meenakshi Vij, the learned counsel has appeared before us today along with Ms. V.Mohana, the learned counsel who has been appointed as amicus curiae in this matter as per the order dated 22/10/2009. Ms. Mohana says that she has no objection if Ms. Meenakshi Vij argues the matter as the explanation given by Ms. Meenakshi Vij for not appearing on the last occasion is undoubtedly correct.

We have accordingly heard Ms. Meenakshi Vij and Mrs. D. Bharathi Reddy, the counsel for the appellant and the counsel for the State respectively. We find from a perusal of the record that the case of the prosecution has been proved by the evidence of PW's.1, 2 and 3, the wife, the mother and the son of the deceased. The incident had happened at about 10.30 p.m. and their presence at the residence thus cannot be disbelieved. We also see from the medical evidence that the incised wounds and other injuries on the dead body reinforce the credibility of the prosecution story. We also see that the FIR had been lodged -2- within an hour of the incident i.e. at about 11.30 p.m. and the Police officer had reached the village and recorded the FIR at the instance of PW.1 at the spot.

We are, therefore, not inclined to interfere in this matter. The Criminal Appeal is, accordingly, dismissed.

.................J. (HARJIT SINGH BEDI)

.................J. (J.M. PANCHAL)

New Delhi,

November 11, 2009.

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