GANGASAMI SRINIVASULU REDDY Vs. STATE OF A P

JUDGEMENT

(1.) This is an appeal filed by the accused in Sessions Case No.30 of 1993 on the file of the Court of the II Additional Sessions Judge, Chittoor at Madanapalle against their convictions under Sec. 302 read with 34 and Sec. 394 I.P.C. and sentences to suffer imprisonment for life and eight years respectively.

(2.) The case of the prosecution, in brief, is: One Phani Kumar, an Attender in L.I.C., of India at Madanapalle (hereinafter referred to as 'the deceased') on 24-6-1992 was handed over cash of Rs.69,862/- and cheques, demand drafts worth Rs.84,739/- received by the Corporation for remittance in Andhra Bank, Madanapalle. The deceased took the same from the Cashier of the Corporation, P.W.4, and proceeded along with P.W.3, an Assistant of the Corporation, to the Bank. On the way, P.W.3 stopped near the turning of Burma Street to answer calls of nature and the deceased was proceeding. After he proceeded 20 yards reaching Captain Lakshmi Street, it is alleged that the accused/appellants attacked the deceased in order to snatch away the cash bag. When the deceased was resisting, one of the accused stabbed him and another beat him with a rod and all the three accused had taken away the cash bag.

(3.) The deceased fell down and was taken to the Government Hospital, Madanapalle, in a rickshaw belonging to P.W.5 and was declared there dead. On receiving the information from P.W.3, P.W.2 - the Branch Manager, gave a report, Ex.P-2, to the S.H.O., II Town Police Station and it was registered as Cr.No. 55/92 under Sec.302 and 379 I.P.C. On receiving the information, P.W.9 Inspector of Police went to the hospital and conducted inquest over the dead body under Ex.P-11. P.W.6, Civil Assistant Surgeon, Government Hospital, Madanapalle, conducted post-mortem examination over the dead body of the deceased and found one stab injury in the abdomen and 3 cut injuries over the head. He issued postmortem certificate under Ex.P-5 and opined that the death was due to haem orrhagic shock. On 31-/-1992, P.W.9 arrested the accused under suspicious circumstances and in pursuance of confessional statement of A1 under Ex.P-6. On interrogation of each of the accused separately, the first accused led P.W.9 to his house and produced the zip bag containing Rs. 9,000/- and cheque in favour of L.I.C., for Rs.671-30 ps.. The second accused, like-wise led the Inspector of Police and mediators to his house and produced cash of Rs.10,000/- and demand drafts in favour of L.I.C. for Rs.3491 - 50 ps. Similarly, the third accused produced Rs. 7,000/- and demand draft for Rs. 192/-10 ps., and current account slips prepared by the staff of L.I.C. The said such cash, demand drafts and cheques, account slips were seized by P.W.9 under three different Mahazars. On 22-8-1992, in an identification parade conducted by P.W.1, Additional Judicial First Class Magistrate, Punganoor, P.W.3 identified A1 to A3 as the persons that attacked the deceased and robbed away the cash bag. After completing investigation, P.W.9 filed the charge sheet on 29-10-1992.