K KUMAR Vs. STATE OF A P

JUDGEMENT

(1.) These appeals by accused Nos. 2, 1, 4 and 5 respectively are directed against the conviction and sentence passed in S.C. No. 74 of 2007 by the Metropolitan Sessions Judge, Hyderabad on 9-1-2009. The appellants herein were prosecuted for the charges under Section 302 read with Section 34 IPC. According to the prosecution, deceased No. 1 D. Ravinder Chari was an employee of National Thermal Power Corporation, Godavarikhani and deceased No. 2 J. Vijaya Kumari was Head Mistress of Zilla Parishad High School, Huzurabad and they were close friends. Both the deceased were running Vijaya Educational Society for SC/STs at Narasaraopet, Guntur and getting Central Government aid from 1998. They also opened two more schools at Huzurabad and Madhavpur of Karimnagar District. Srinivas Goud, Accused No. 1 who was a close friend of deceased No. 1 became their partner in the year 1999 and subsequently they transferred both the schools in the name of accused No. 1 and accused No. 1 appointed deceased No. 1 as the Secretary and entrusted all powers including drawing of cheques from the joint account and he also appointed P.W. 4 to look after the work of the said society. Deceased No. 1 without the knowledge of accused No. 1 withdrew Rs. 8,00,000/- from the account of the State Bank of Hyderabad, Karimnagar Branch and cheated accused No. 1 Thereafter disputes arose between accused No. 1 and deceased No. 1. Accused No. 1 gave a complaint at Narsaraopet Police Station and also approached P.W. 6 who is an advocate and informed the same to him. P.W. 6 tried to pacify the matter, but deceased No. 1 refused to pay money. Then, accused No. 1 hatched a plan to do away with deceased No. 1 and on 24-2-2003 on receipt of information that deceased Nos. 1 and 2 went to Hyderabad and stayed at Sri Laxmi Lodge, Nampally, Hyderabad, accused No. 1 secured the services of accused Nos. 2 to 5 and all of them came to Hyderabad in Taxi Ambassador Car bearing No. Ap-16-F-6017 (engaged by P.W. 9 and driven by P.W. 10) and reached Hyderabad. Accused Nos. 1 to 5 booked room Nos. 302 and 310 at Sri Laxmi Lodge, On 25-2-2003 at 0530 hours accused Nos. 1 to 5 entered into room No. 308, accused Nos. 2 to 5 caught hold of deceased No. 1 and tied him with ropes and accused No. 1 cut the throat of deceased No. 1. They also caught hold of deceased No. 2 and accused No. 1 cut her throat and locked room No. 308 from outside and all of them escaped from the lodge along with room keys of room Nos. 308, 302 and 310. Thus accused Nos. 1 to 5 conjointly hatched a plan and committed an offence of double murder of both the deceased on 25-2-2003 at Sri Laxmi Lodge, Nampally, Hyderabad.

(2.) The learned Sessions Judge framed two charges against the accused under Section 302 read with Section 34 IPC under two counts and the accused pleaded not guilty for the said charges and claimed to be tried.

(3.) In order to establish the said charges, the prosecution examined P.Ws, 1 to 22 and got marked Exs. P-1 to P-107 and M.Os. 1 to 24 and Ex.C-1 was also marked. No oral evidence was adduced in defence by the accused but Exs. D-1 and D-2 were marked. Since accused No. 3 died, the case against him was abated.