IN THE SUPREME COURT OF  INDIA             CRIMINAL APPELLATE JURISDICTION   

             CRIMINAL APPEAL NO.  514     OF 2008

BOYA HANUMANNA & ANR. ..  APPELLANT(S)

vs.

STATE OF A.P. ..  RESPONDENT(S)

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.