F A C III ADDITIONAL DISTRICT AND SESSIONS JUDGE FAST TRACK COURT R R DISTRICT Vs. CHANDRA BUSHAN UPADHYAY

JUDGEMENT

(1.) The appellants, who are Accused Nos.1 to 5 in Sessions Case No.291 of 2003 on the file of the III Additional Sessions Judge, Ranga Reddy District, by way of this appeal seek to assail the findings of guilty and conviction as against Accused No.1 under Section 302 of the Indian Penal Code (for brevity 'IPC') and sentencing him to death; against Accused Nos.2 to 4 under Section 302 read with Section 34 IPC and sentencing them each to suffer imprisonment of life; against Accused Nos.1, 2, 4 and 5 under Section 201 IPC and sentencing them each to suffer rigorous imprisonment for three years; against Accused Nos.1 and 2 under Section 435 IPC and sentencing them each to suffer rigorous imprisonment for three years; against Accused Nos.1 to 5 under Section 411 IPC and sentencing them each to suffer rigorous imprisonment for three years and against Accused No.1 under Sections 25(1)(a) and 27(1) of Arms Act and sentencing him to suffer rigorous imprisonment for three years under each count. All these sentences were directed to run concurrently. The other case in RT No. 1 of 2007 is a reference under Section 366 of the Code of Criminal Procedure for confirmation of death sentence.

(2.) Heard Sri C. Padmanabha Reddy, learned Senior Counsel appearing on behalf of the appellants/accused and the learned Public Prosecutor appearing on behalf of the State/respondent.

(3.) The case of the prosecution, in brief, was to the effect that on 17-3-2003 from 10.00 a.m. to 7.00 p.m., in Railway Quarters, Secunderabad, Accused Nos.1 to 4, in furtherance of their common intention, caused the death of Baldevraj Seth (Deceased No.1), Prabhat Seth (Deceased No.2), Kum. Kanika Seth (Deceased No.3) and master Rishab Seth (Deceased No.4). Thereafter, they caused the disappearance of evidence by cleaning the bloodstained marks on the floor with the help of Accused No.5 and then shifted the dead bodies and the bloodstained clothes of Accused Nos.1 to 4 into a Maruti Alto Car of the first deceased and drove the said car to a secluded place near S.P. Nagar Railway track and there they poured petrol on the car and the dead bodies and set fire to it. During the course of the same transaction, they committed theft of gold jewellery and a net cash of Rs.44,500/-.