KOVURI BABJI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is filed by the appellants-A-1 and A-2 against the conviction and sentences dated 09-12-2004 passed in Sessions Case No. 30 of 2002 on the file of the VII Additional District and Sessions Judge (Fast Track Court), Krishna at Vijayawada.

(2.) The appellants 1 and 2 are accused Nos. 1 and 2 in the above Sessions Case. Hence, for the sake of convenience, the appellants will be referred to hereinafter in this judgment as A-1 and A-2.

(3.) The relevant facts, in brief, are as follows: The Inspector of Police, North Circle, Vijayawada, filed charge sheet before the III Metropolitan Magistrate, Vijayawada, against the accused, alleging that A-1 had illicit intimacy with the wife of the deeeased-Tripurani Narasingarao and that the deceased-Narasingarao saw his wife talking with A-1 and therefore, the deceased-Narasinga Rao used to beat his wife-P.W. 2 on the ground that she was talking with A-1 and on account of it, A-1 was aggrieved and he wanted to do away with the life of the deceased-Narashinga Rao and waiting for an opportunity and that on 22-07-2001 he along with A-2 took the deceased-Narasingarao stating that they can consume alcohol and that they purchased alcohol and then made the deceased-Narasingarao consume alcohol heavily and when the deceased-Narasingarao was in intoxicating condition, A-1 kicked him on his testicals and also on the ribs with an intention to kill the deceased-Narasingarao and on account of it, the deceased-Narasingarao succumbed to the injuries instantaneously and that later A-2 joined A-1 and assisted A-1 for digging a pit in the sand heap and buried the dead body of the deceased-Narasingarao in the sand heap and later, both A-1 and A-2 left to their houses. On 27-07-2001 at about 6.45 p.m. some children playing at the sand heap, noticed decomposed smell and a foot and later, it was reported to the police and the Police took up investigation, seized the dead body and held inquest over the same on 28-07-2001 and sent it for post-mortem examination and that the Doctor, who conducted autopsy over the dead body, opined that it is possible for the injuries to have caused the death. It is further alleged that P.W. 9 saw both the accused and the deceased-Narasingarao going towards Gurunanak Colony. P.W. 10 found the deceased, A-1 and A-2 sitting on the sand heap near Dan Basco School in Vijayanagar Colony. P.W. 12 stated that on 22-07-2001 at about 8.00 p.m. the deceased-Narasingarao and both the accused came to his shop and purchased two mineral water packets, two disposal glasses and proceeded towards Don Basco School. It is further alleged that both A-1 and A-2 made extra-judicial confession before P.W. 21 to the effect that they killed the deceased-Narasingarao. P.W. 23-lnspector of Police stated that his investigation revealed that A-1 and A-2 are responsible for the homicidal death of the deceased-Narasinga Rao, and thereby they committed the offences punishable under Sections 302, 302 r/w 34, and 201 IPC.