CHENDYALA SURESH Vs. STATE OF A P

JUDGEMENT

(1.) This appeal is directed against the conviction and sentence passed in S.C. No. 350 of 2007 by the III Additional Sessions Judge, Karimnagar on 16.11.2007. The appellant herein is accused No. 2. He along with other two accused were prosecuted for the offences under Sections 302, 379, 201 read with Section 34 of the Indian Penal Code, 1860 (for short "IPC"). According to the prosecution, A-1 is the close friend of A-2 and A-3. A-2 and A-3 are residents of Choppadandi village and brothers. All the accused are having past criminal conduct. A-1 and A-2 involved in heinous offences like contract murders and kidnapping cases in Mancherial, Jagtial, Choppadandi police stations. A-1 is having history of killing persons for simple reasons. On 14.08.2004, A-1 to A-3 went to Hanamkonda to meet their advocate and discuss about the case, which is pending against A-3 in Cr. No. 103 of 2002 under Sections 457 and 380 of IPC of Choppadandi police station. After meeting their advocate, all the accused visited the house of the relative of A-2 at Hanamkonda and had dinner and consumed liquor. They reached Karimnagar at 11.00 p.m. and again consumed liquor near Natraj talkies and went to the R.T.C. bus stand and enquired P.W.7 for engaging his auto to go to Choppadandi and he demanded Rs. 500/-towards hire charges and an argument took place between them and during which P.W.7 suspected them and afraid of their behaviour and refused to engage the auto and went away on the pretext of filling diesel. Half an hour thereafter, the deceased came to the bus stand along with auto and all the accused hired the same for Rs. 100/- and they boarded the same, which was witnessed by P.W.7. When the auto was passing in front of PIMS, A-1 demanded the deceased to turn the auto towards Cherlabuthkur village and when the deceased refused, A-1 and A-2 got wild and beat him with hands and threatened him to kill if he disobeys their demand. The deceased afraid of them and turned the auto towards Cherlabuthkur and A-1 and A-2 unable to digest the disobeying of their demand and decided to kill him. A-1 tied his waist belt around the neck of the deceased and threatened him to stop. A-1 and A-2 with the help of A-3 beat him with the hands and hit with a boulder on the head of the deceased and due to which the deceased sustained severe head injury and died on the spot. Then the accused thrown the dead body on the road side trench and concealed under bushes and later went to the house of P.W.13, a friend of A-1 with whom he got friendship while both of them were in jail and after having dinner A-1 to A-3 brought P.W.13 to the scene of offence and shown the dead body to make her believe that their capability in committing homicide. After showing the dead body, A-1 to A-3 dropped P.W.13 at the house and went away with the auto of the deceased.

(2.) On the complaint of P.W.1, Karimnagar Rural Police registered the case in Cr. No. 346 of 2004 under Sections 302 and 201 of IPC and took up the investigation. On 17.08.2004 having come to know through the daily newspaper about the death of the deceased, his relatives came to the mortuary and identified the deceased and the Investigating Officer recorded their statements. On 22.02.2005 at 12.20 Noon, P.W.15 apprehended A-2 and A-3 at Mancherial Chowrastha, Karimnagar and interrogated them in the presence of P.Ws.10 and 11 and they confessed about the commission of the offence and also about the possession of the auto and the auto was seized under panchanama in their presence. On 25.02.2005 on the requisition of police, P.W.17 conducted the test identification parade of A-2 and A-3 in the District Jail, Karimnagar in which P.W.7 identified A-2. On 09.02.2006 P.W.16 apprehended A-1 at bypass road, Bommakal in the presence of LWs.21 and 22 and he also confessed about the commission of offence in the company of A-2 and A-3 and the M.O.10 purse belongs to the deceased was seized from A-1 and in the test identification parade P.W.10 could not identify A-1. Thus, A-1 to A-3 were prosecuted for the offence under Section 302 of IPC

(3.) The case against A-1 was separated and tried and disposed of in S.C. No. 252 of 2007, which ended in acquittal.