DAKKATA BALARAM REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) By judgment dtd. 30/8/2016 passed in Sessions Case No. 81 of 2012, the learned VI Additional District and Sessions Judge, Sompeta, held the accused therein, viz., Dakkata Balaram Reddy (A1) and Chinapana Gopi (A2), guilty of offences punishable under Ss. 302, 397 and 450 IPC and sentenced them accordingly. Their conviction and sentence stood confirmed when the High Court for the State of Telangana and the State of Andhra Pradesh dismissed Criminal Appeal No. 915 of 2016 filed by the two accused, vide judgment dtd. 3/10/2018. Aggrieved thereby, both the accused are before this Court.

(2.) Heard Shri R. Basant, learned senior counsel, appearing for the appellants/accused; Shri Mahfooz Ahsan Nazki, learned counsel, appearing for the State of Andhra Pradesh; and Shri Y. Raja Gopala Rao, learned counsel for the second respondent, viz., the complainant.

(3.) The case of the prosecution: The complainant, Vetcha Kesava Rao (PW-1), is a resident of Ichapuram and his house is situated on Chinnamedaraveedhi, wherein he also did his gold and silver business. A1 is a civil contractor while A2, his brother-in-law, is an ex-serviceman. On 21/8/2008 at about 9.00 pm, in PW-1 's absence, A1 and A2 trespassed into his house concealing iron rods under their shirts and brutally killed his son, Vetcha Kiran Kumar (deceased No.1), and his wife, Vetcha Venkatagopala Lakshmi (deceased No.2); robbed gold ornaments, weighing about 3.543 Kgs., and cash of 18,340/-. At about 11.00 pm on ? the same night, PW-1 lodged a written report against them at Ichapuram Town Police Station. Thereupon, Crime No. 61 of 2008 was registered by the Sub-Inspector of Police, Ichapuram Rural P.S. (PW-23), and he informed the Inspector of Police who was holding additional charge of Ichapuram Circle (PW-26). PW-26 immediately took up investigation. He visited the scene of offence and held an inquest over the dead bodies in the presence of mediators. Upon receiving information, he arrested A2 at 01.15 am on 22/8/2008 at Radhamveedhi, Jagannadhaswamy Temple, Ichapuram, in the presence of mediators and recovered from his possession part of the stolen property, i.e., gold ornaments weighing 1748 grams 750 milligrams and cash of 18,340/-. He then arrested A1 at ? 04.00 am on 22/8/2008 from Gollaveedhi, Ichapuram, and recovered gold ornaments weighing 1794 grams 370 milligrams from his possession in the presence of mediators. Thus, PW-26 recovered the gold ornaments weighing 3.543 Kgs. from the accused along with the cash. He also examined several witnesses. He went to the scene of the offence and prepared a Rough Sketch. At his request, the Inspector of Police, FPB Unit, Srikakulam (PW-24), went to the scene of the offence along with the Clues Team and developed four chance fingerprints. Thereafter, the Inspector of Police, Ichapuram Circle (PW-27), took up further investigation. He visited the scene of offence, examined witnesses and recorded their statements. After completion of the investigation, he filed a charge sheet against the accused. Charges were framed against them under Ss. 302, 379, 394 r/w 397, 411 and 450 IPC. They pleaded not guilty and claimed to be tried.