KERKATTA PRADEEP Vs. STATE OF T.S.

JUDGEMENT

(1.) These two criminal appeals are being disposed of by this common judgment since Crl.A.No.318 of 2015 filed by A-1 and Crl.A.No.461 of 2014 filed by A-2 are directed against the very same judgment of the learned III-Additional Metropolitan Sessions Judge, Hyderabad, in S.C.No.602 of 2010, dtd. 25/3/2014, whereby A-1 was convicted for the offence punishable under Sec. 302 read with Sec. 34 of I.P.C. and A-2 was convicted for the offence punishable under Sec. 302 of I.P.C. and they were sentenced to undergo imprisonment for life and also to pay a fine of Rs.1,000.00 each, in default, to suffer simple imprisonment for a period of three months each for the said offences. A-1 and A-2 further convicted and sentenced to undergo rigorous imprisonment for a period of three years each and also to pay a fine of Rs.1,000.00 each, in default, to suffer simple imprisonment for a period of two months each, for the offence punishable under Sec. 392 read with Sec. 34 of I.P.C. It is directed that the sentences imposed against them shall run concurrently.

(2.) The case of the prosecution, in brief, is that on 27/6/2009 at 9.00 P.M, one Dharani Ashok Kumar (P.W.1) lodged a written complaint (Ex.P1) before the Sub Inspector of Police, Chilkalaguda Police Station (P.W.9), stating that the marriage of his elder sister by name K.Saraswathi (hereinafter referred to as the deceased) was solemnized with one Mrutyunja Rao (P.W.2) about 25 years back and they were blessed with two children. On 27/6/2009 at about 6.00 P.M. when he was in the shop, he received a telephonic message stating that somebody killed his sister in her house and then he rushed to her house at Padmaraonagar and found his sister murdered by some unknown persons on the 1st floor of the house by causing severe stab injury. Basing on the said complaint, P.W.9 registered a case in Crime No. 408 of 2009 for the offences under Ss. 302 and 392 read with Sec. 34 of I.P.C. Subsequently P.W.10-Inspector of Police, Chilkalaguda Police Station took up investigation. During the course of investigation, he examined P.W.1 and recorded his statement, visited the scene of offence and conducted scene of offence observation-cum-seizure panchanama in the presence of mediators P.W.6 and L.W.8, drafted rough sketch and got photographed the scene of offence and seized one pair of footwear and spectacles from the scene of offence and thereafter held inquest over the dead body of the deceased in the presence of P.W.8 and L.W.10. Subsequently, P.W.4-Doctor, who conducted autopsy over the dead body of the deceased, opined that the death was due to stab injury on chest. Thereafter, P.W.10 arrested A-1 and A-2 on 14/10/2009 at 11.15 P.M. during vehicle checking near Chilkalaguda cross roads, and on interrogation the accused voluntarily confessed the commission of offence and their confessional statements were recorded in the presence of P.W.7 and L.W.12 and recovered gold bangles ' 4 in number, gold ear-tops ' 2 pairs and gold chain ' 2 in number from the possession of A-1 and seized Hero Honda Glamour motorcycle from the possession of A-2 under cover of seizure panchanama and also recovered knife, hand glouses and empty jewellery boxes, which were used in the commission of offence under a cover of seizure panchanama before the mediators. Thereafter, P.W.10 seized one Sansui colour TV, VCD player, Music system and one Bajaj Chetak from the house of A-1 under a cover of seizure report in the presence of same mediators. On requisition of P.W.10, P.W.3-Magistrate conducted Test Identification Parade on 7/11/2009 at Central Prison, Chanchalguda, Hyderabad, wherein P.W.2 identified both the accused, while L.W.6 identified A-1 only. Thereafter, P.W.10, after completion of investigation, filed charge sheet against the accused for the offences punishable under Ss. 302 and 392 read with Sec. 34 of I.P.C.

(3.) The learned III-Additional Metropolitan Sessions Judge, Hyderabad, has framed the charges under Ss. 302 of I.P.C. against A-2 and 302 read with Sec. 34 of I.P.C. against A-1 and also 392 read with Sec. 34 of I.P.C. against both the accused and that the accused pleaded not guilty and claimed to be tried.