DEVARLA MURALI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Accused No. 1 - Devarla Murali in Sessions Case No. 236 of 2013 on the file of III Additional District and Sessions Judge, Tirupati, preferred this criminal appeal under Section 374(2) Criminal Procedure Code (for short "Cr.P.C."), challenging the conviction and sentence passed in calendar and judgment dated 09.12.2014, whereby accused No. 1 was found guilty for the offence punishable under Section 302 of Penal Code, 1860 (for short "I.P.C."), convicted and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 1,000/- in default to undergo simple imprisonment for a period of three months, while acquitting accused Nos. 2 to 5 for the offence punishable under Section 302 read with 34 of I.P.C. and accused Nos. 1 to 5 for the offence punishable under Sections 120-B and 404 of I.P.C.

(2.) Appellant is the accused No. 1, who allegedly approached Thanga Perumal on 23.10.2012 at 06.30 p.m. to engage Innova car on hire to go to Kanipakam. Thereupon, Thanga Perumal took accused No. 1 to P.W.2 - A. Venkatesh, who informed the accused No. 1 that hire charges of the car is Rs. 4,000/-, thereupon, the appellant - accused No. 1 informed P.W.2 that he would pay hire charges at Tirupati and they would come back at 11.00 p.m. during night. On the way, accused No. 1 had a talk with his friend accused No. 3 and asked him to be present at Municipal Park, Tirupati while informing him that he is coming in a car. On 23.10.2012 at about 07.30 p.m. accused No. 1 reached Municipal park, Tirupati in Innova car bearing No. AP 03 AT 9567 driven by Thanga Perumal. Accused No. 1 picked up accused No. 3 and informed that they are going to Kanipakam and return during the same day night. Thereafter, accused Nos. 1 and 3 went to Mangalam auto stand and picked up accused No. 2. Accused No. 1 took a rope from the auto of accused No. 2 and kept in his pocket. From there accused Nos. 1 to 3 proceeded to Rajiv Nagar colony in Innova Car bearing No. AP 03 AT 9567 and picked up accused Nos. 4 and 5. Accused Nos. 1 to 5 left Tirupati at about 09.00 p.m. in Innova Car bearing No. AP 03 AT 9567 driven by Thanga Perumal, reached Kanipakam at about 10.30 p.m. on 23.10.2012. Accused No. 1 asked Thanga Perumal to be present at the stand keeping the vehicle there itself. Accused No. 1 arranged food to accused Nos. 2 to 5 in a hotel. After completion of dinner, accused No. 1 informed accused Nos. 2 to 5 that either by killing the driver of Innova Car bearing No. AP 03 AT 9567 or by doing something, they would take away the car and sell it for Rs. 5,00,000/- and each of them can get Rs. 1,00,000/- Initially, accused Nos. 2 to 5 did not agree, but accused No. 1 convinced and made them to agree. In pursuance of their plan, all the accused including accused No. 1/appellant herein came to Thanga Perumal at about 12.30 on the intervening night of 23/24.10.2012, informed that they have to go to accused No. 1's village enroute, talk to his mother and then go to Tirupathi, where they would pay hire charges. As Thanga Perumal was sleeping, accused No. 1 asked Thanga Perumal to sit in the middle seat and drove the Innova Car bearing No. AP 03 AT 9567 to Udamalakurthi stream along with accused Nos. 2 to 5 at about 03.30 a.m. and Thanga Perumal was in sleep. Accused No. 1 gave rope to accused No. 2 and asked him to tighten it around the neck of Thanga Perumal and drag him down. Accordingly, accused No. 2 put the rope to the neck of Thanga Perumal and pulled him down. Then Thanga Perumal shook his legs and hands. At that time, accused No. 1 asked accused Nos. 3 to 5 to catch hold Thanga Perumal tightly and bring him down. Accused No. 1 also got down from the driving seat of car and all of them dragged Thanga Perumal with the help headlights of the car and threw him down. Accused No. 2 tightened the rope tied to the neck of Thanga Perumal. Accused No. 1 picked up a big stone and threw it on the testicles of Thanga Perumal, again accused No. 1 threw the same stone on the head of Thanga Perumal. On receipt of injuries, Thanga Perumal struggled for life, thereupon accused No. 1 emasculated Thanga Perumal and killed him. Thereafter, accused Nos. 1 to 5 carried the body of Thanga Perumal to a vacant place in the rear portion of the car and proceeded to some distance on Penumur road, threw away the dead body of Thanga Perumal by the side of road. Accused No. 1 threw away rope there itself. Accused Nos. 2 to 5 took driving license and cell phone of Thanga Perumal, which were available with him and kept them with accused No. 1. Thereafter, accused Nos. 1 to 5 took Innova Car bearing No. AP 03 AT 9567 to Bangalore.

(3.) On the way to Bangalore, they washed Innova Car bearing No. AP 03 AT 9567 and removed original number plates and kept them in the car and fixed number plates having number AP 29 AS 638 to its front and rear side, which were already brought with them. All the accused tried to sell away the Innova Car bearing No. AP 03 AT 9567 at Mejestic car stand, Bangalore and also near Poonamalli road. But nobody came forward to purchase Innova Car bearing No. AP 03 AT 9567. Then accused No. 1 informed accused Nos. 2 to 5 that Innova Car bearing No. AP 03 AT 9567 can be sold at Tirupati itself to Red sandal smugglers, thereupon all the accused came to Tirupati on 07.11.2012. Accused No. 1 dropped accused No. 3 at Tirupati park and asked him to bring an amount of Rs. 10,000/- as hand loan from his Mason and come early to his village. Accused No. 1 left Tirupati along with accused Nos. 2, 4 and 5 in Innova Car bearing No. AP 03 AT 9567, reached Mango garden of Babu Reddy situated close to his village Voddepalle at about 05.00 a.m. and kept the car by the side of the mango garden. Accused No. 1 asked accused Nos. 2, 4 and 5 to be present at car and went to his house and brought food to them. Thus, all the accused committed murder of Thanga Perumal, driver of the Innova Car bearing No. AP 03 AT 9567.