K P SHIVAJI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Both these criminal appeals arise out of the judgment of the learned First Additional Metropolitan Sessions Judge, Hyderabad in Sessions Case No, 58 of 1988. The appellant in Crl.Appeal No. 932/90 is the first accused and the appellant in Crl.Appeal No. 933/90 is the second accused. Both the accused were charged with offences punishable under Section 302 read with Section 34 of the Indian Penal Code, for causing the death of the deceased Santabai Tiwari on the intervening night of the First / Second May, 1986. Both the accused were also charged with the offence under Section 380 IPC for committing theft of gold and silver ornaments etc., belonging to the deceased and her daughter during he same transaction. The learned Sessions Judge found A-1 guilty for the offence under Section 302 IPC and sentenced him to suffer imprisonment for life and acquitted A-2 of the charge under Section 302 IPC. Both the accused were also found guilty of the offence under Section 380 IPC-A-1' was sentenced to suffer RI for 3 years and A-2 was.sentenced to suffer RI for six months, and the sentences of imprisonment imposed on A-1 are to run concurrently.

(2.) The case of the prosecution is that the deceased Smt.Santabai Tiwari, aged about 45 years, was a native of Rajastan and came down to Hyderabad fore king out her livelihood by working in the houses of P.W.16 and Shyam Sundar Das, as a cook. The deceased was living in a garage at Himayatnagar, Hyderabad, along with P.W.12 herson. Her husband is working away from her, at Bikaneer as a Mechanic in the Indian Railways. P.W. 12, P.W. 13 and the accused are friends. P.W. 12 is a student while the accused are working in a rexin-cloth shop.

(3.) On the date of the incident P.W. 12 was away from Hyderabad, having accompanied his father to seek employment at Bikaner. The accused committed the murder of the deceased and took away the gold and silver ornaments, three wrist-watches, one camera and video games belonging to the deceased and her daughter P.W. 9. Shortly before midnight, A-1 had tea in the hotel at Bashir Bagh where P. W.18 was working and left towards Balaji Bhavan situate near the garage where the deceased was living. On the next morning at 6-30 A.M. on 2-5-86, smell of cooking gas was emanating from the garage and the other occupants of the portions within the compound in which the garage is situate, gathered at the place and pushed the door open and found the deceased lying dead on a cot. P.W.1 telephoned to the Narayanaguda Police Station. P.W.31 Sub-Inspector 'of Police of Narayanaguda Police Station who claims to have received the telephone message from one Lakshmaiah, rushed to the spot. P.W.1 gave the report Ex.P.1 which was registered asCr.No.153/86underS.302 IPC. P.W.33 the Inspector of Police, Narayanaguda Police Station went to the spot and conducted inquest over the deadbody from 9-30 A.M. to 12-30 P.M. and examined P.Ws.l to 5. The gold ornaments on the body of the deceased were found missing. Inquest report Ex.15 wasdrawn up and the dead body was sent for autopsy. P.W.14, the Asst. Professor of Osmania Medical College conducted the post-mortem from 11-15 P.M. on 3-5-86 and found seven external injuries on the dead body of the deceased. The Medical Officer opined that the death was due to asphyxia. Ex.12 is the post-mortem certificate.