GANDI BUJJI @ PRABHAKAR Vs. STATE OF A.P.

JUDGEMENT

(1.) ALL the three accused in S.C.No.78 of 2005 on the file of the I -Additional Metropolitan Sessions Judge, Visakhapatnam filed this appeal feeling aggrieved by the conviction and sentence handed out to them by the trial Court.

(2.) THE incident that gave rise to the prosecution of the accused is said to have taken place on 06.10.2004. The deceased by name Marisetti Kranthi Kumar @ Nani, son of PWs.2 and 3, was a painter by profession. A -3 is also said to be a painter. On 06.10.2004, A -3 is said to have taken the deceased for work and knowing that the deceased did not return home even by 7.00 p.m., PW -2 is said to have sent her daughter to A -3, for enquiry. A -3 is said to have come to the house of PWs.2 and 3 and stated that he paid the wages for the day, and that he may return, may be late in the night. PWs.2 and 3 are said to have waited for two more days and submitted a complaint on 09.10.2004 to the Police, Gajuwaka. They are said to have came to their house and verified the matter. On the next day, PWs.2 and 3 said to have gone to Police Station and there they found the accused, and that their statements were recorded.

(3.) THE police registered Crime No.278 of 2004 under Sec.302 and 201, read with Sec.34 IPC. The body was exhumed, and the steps provided under law, such as preparation of scene of offence panchanama, inquest and post mortem examination were completed and on the basis of further investigation into the matter, the Investigating Officer (PW.18) filed the charge sheet.