SURESH PANDIT Vs. STATE OF A P

JUDGEMENT

(1.) This is an appeal preferred by the accused in Sessions Case No.96 of 2001 on the file of the II Additional Metropolitan Sessions Judge, City Criminal Courts, Hyderabad. Four accused were charged in the said crime for the offences punishable under Sections 302, 302 read with 34; 307, 307 read with 34; 386, 386 read with 34 and 302 read with 109 IPC. The accused pleaded not guilty and claimed for trial.

(2.) The case of the prosecution leading to the conviction of the appeal is briefly as follows.

(3.) The deceased, PW.1 and the accused are residents of Hyderabad. Rajender Sing (deceased No.1) is the husband and Manpreet Kaur and Harpreet Kaur (deceased Nos.2 and 3) are the daughters of PW.1 respectively. On 26.8.2000 at about 8.00 pm., A.1 to A.3 came to the house of the deceased and rang the calling bell. On hearing the sound, when PW.1 opened the door, A.1 to A.3 came into the drawing room and sat on the sofa in the hall along with her husband. PW.1 went into the kitchen to attend the cooking work, and her daughters went to their bedroom. After 10 or 15 minutes, on hearing the shoutings from the hall, PW.1 went to the dining hall situated in between the kitchen and main hall and saw A.1 attacking her husband with a butcher's knife and stabbing him on his head and other parts of the body. When her husband tried to push back A.1, A.1 gave the knife to A.2, and then A.2 hacked him with that knife, as a result of which, the brain matter of her husband came out and he fell down on the floor. When PW.1 raised cries, A.2 closed her mouth with his palm. In the meanwhile, A.1 and A.3 entered into the bedroom of her daughters. Then PW.1 also went into the bedroom and requested the accused not to cause any harm to her daughters. She also gave Rs.20,000/- to A.2. On hearing the cries, when she was proceeding to her daughters' bedroom, A.1 came out of the bedroom and attacked her with butcher's knife and stabbed on her head, back side, fore head, front and back sides of neck and right back side of palm. A.2 also entered into the bedroom. PW.1 fell down on the floor. Thereafter, the accused while discussing that everybody died, washed their hands, took the jewellery and money available in the house, bolted the doors from outside and left the scene of offence. After some time, PW.1 telephoned to PW.2, who is her brother. On receiving the phone call, P.W.2 arrived at the house, opened the doors and found the deceased lying dead. He also found PW.1 with severe injuries. Then immediately, he shifted PW.1 to the hospital and later he informed to the police, and the police came to the hospital, recorded the statement of PW.1, and registered the same as a case in Crime No.340 of 2000 for the offences punishable under Sections 302, 307, 394 read with 34 IPC. Afterwards, the police observed the scene of offence, conducted inquest over the dead bodies of the deceased, sent the dead bodies for postmortem examination, examined the witnesses, recorded their statements, arrested the accused, recovered the stolen property and after completion of investigation filed the charge sheet.