CHELLURI GOVINDU Vs. STATE OF A P

JUDGEMENT

(1.) Accused 1 to 7 who were tried by the IV Additional Sessions Judge, Visakhapatnam are the appellants herein. The accused were charged under four charges. The first charge against A-1 was under Section 302 I.P.C. The learned Judge found him guilty of the said charge and convicted him to suffer imprisonment for life. The second charge against A-1 to A-7 was under Section 201 I.P.C. The learned Judge found them guilty and convicted them to suffer R.I. for one year and imposed a fine of Rs. 500/-. The third charge against A-l and A-2 was under Section 302 I.P.C. and the learned Judge found them guilty and convicted them to suffer imprisonment for life. The fourth charge against A-3 to A-7 was under Section 302 read with Sec. 34 I.P.C. and the learned Judge found them guilty of the said charge and convicted them to suffer imprisonment for life and imposed a fine of Rs. 500/- each and in default, directed them to suffer R.I. for two years.

(2.) The substance of the charge against the accused was that on 29-10-1994 A-l took the deceased from his village and subsequently with the assistance of A-3 to A-7, A-l and A-2 caused the death of the deceased Appanna alias Apparao.

(3.) The case of the prosecution can be briefly narrated as follows:- P.W.1 is the wife of the deceased. P.W. 2 is the brother of the deceased. P.W. 9 is another brother of the deceased. The accused and the material witnesses belong to Lovapalem Village. About four years back on one Saturday, at about 7.00 p.m., while the deceased, P.W.1 and other family members were talking together, A-3 and A-4 came to their house and called the deceased saying that they are having some work with the deceased. The deceased told them that he would come on the next day. A-3 and A-4 told him that his presence is necessary and took the deceased. It is said that A-1, A-2, A-5 and A-6 were standing in front of their house at that time and they followed A-3 and A-4. As the deceased did not return even on the next day, P.W.1 went to the house of A-3, but it was found locked. P.W.1 went to the house of A-4, A-5 and A-6 and did not find anybody in the house. While P.Ws.1 and 2 were returning from their houses, they met P.W.4, who told them that A-1 to A-6 took the deceased towards coconut garden belonging to A-4. P.W.1 went to the coconut garden in search of the deceased, but she could not trace him. P.W.2 also accompanied P.W.I in the search of the deceased. At about 4.00 pm., P.Ws.1 and 2 returned to the house.