SATISH KUMAR Vs. STATE OF A P

JUDGEMENT

(1.) THESE Criminal Appeals are preferred under Section 374 (2)of the Code of Criminal Procedure, 1973 (for short, 'the Cr. P. C. ') challenging the convictions and sentences recorded in judgment dated 21. 6. 2005 in Sessions Case no. 458 of 2005 on the file of the I Additional metropolitan Sessions Judge, Hyderabad. Originally, A. 1 and A. 2 filed Criminal Appeal no. 1133 of 2006, represented by State Brief. Thereafter, A1 preferred separate appeal in criminal Appeal No. 13 of 2007.

(2.) THE learned Sessions Judge convicted a. 1 of the offence under Section 302 indian Penal Code (for short, 'the I. P. C. ')and sentenced to undergo imprisonment for life and to pay fine of Rs. 100/- in default to suffer rigorous imprisonment for one month; and A. 2 of the offence under Section 302 read with 34 I. P. C. and sentenced to undergo imprisonment for life and to pay fine of rs. 100/- in default to suffer rigorous imprisonment for one month.

(3.) THE brief facts that are necessary for disposal of the present appeal may be stated as follows : p. Ws. 1 and 3 are friends of the saikumar (hereinafter referred to as 'the deceased') and the accused, as rag pickers. P. W. I is native of Sadam Village, Chittoor district. P. W. I, the deceased and the accused used to sleep on the foot path at liberty, Himayatnagar. Prior to the date of incident, A. 1 sold one Radio to the deceased for Rs. 50/ -. There was dispute between the deceased and the accused regarding payment of Rs. 50/ -. Then, P. Ws. l and 3 pacified the matter. On the intervening night of 10/11. 5. 2005, pw. 1, the deceased and the accused slept on the foot path. At about 3. 00 a. m. , a. 2 sat on the chest of the deceased and a. 1 beat the deceased with granite stone on his head. On hearing the cries of the deceased, PW. l woke up and saw the incident. On seeing the incident, PW. 1 ran away due to fear. After some time, he returned back to the scene of offence and saw the dead body of the deceased. Then, he went to police station and informed the incident to the police. On 11. 5. 2005 at about 8. 00 a. m. , PW. 4 found one person lying fully covered with plastic bag. Then, pw. 4 went there and moved the body and asked him to get up. But, the person did not get up. PW. 2, a road sweeper, told him that the person was lying on the road from early morning. Then, P. W. 4 suspected and called police. At about 9. 30 a. m. , pw. 11-Inspector of Police, received phone call from PW. 4, made G. D. entry and visited the scene of offence. While PW. 11 was making enquiries for identification of the dead body, PW. 1 came and identified the deceased. Then, PW. 11 recorded Ex. P1-statement of PW. 1 and on the basis of ex. P1, P. W. 10-Sub Inspector of Police registered case in Crime No. 169/2005 under section 302 I. P. C. and issued Ex. P12-F. I. R. Thereafter, PW. 11 took up investigation, prepared scene of observation report, drew rough sketch and collected blood stains from the scene of offence through cotton swab in the presence of PW. 6 and another. PW. 11 got photographed the scene of offence and the dead body, through PW. 5, and recorded statements of PWs. 1 to 4. PW. 11 held inquest on the dead body of the deceased in the presence of PW. 6 and others, under Ex. P6-report. At about 3. 00 p. m. , PW. 10 apprehended the accused at Domalaguda and brought to police station. Thereafter, PW. 11 effected the arrest of the accused and at the instance of the accused, he recovered M. O. 1-stone "and m. O. 5-blood stained shirt. On 12. 5. 2005, pw. 7, tutor in Forensic Science Department, conducted autopsy over the dead body of the deceased under Ex. P7-post-mortem report, and opined that cause of death was due to head injury. Thereafter, PW. 11 sent the material objects to Forensic Science laboratory and received its report under ex. P11. After completion of investigation and collecting required documents, PW. 11 laid the charge-sheet.