IMPORTANT POINT
Evidence was not liable to be disbelieved merely because statement of such witness had been recorded u/s 164 Cr.P.C.

JUDGMENT

Santosh Hegde, J.-The appellants in these appeals were accused 2 and 3 before the 2nd Additional Metropolitan Sessions Judge, Hyderabad in S.C. No. 178/99. The said Sessions Judge found the appellants and A-1 guilty of an offence punishable under Section 302 read with Section 34 IPC and sentenced them to undergo imprisonment for life. Against the said conviction and sentence, all the accused preferred an appeal before the High Court of Judicature, Andhra Pradesh at Hyderabad which having been dismissed, the two appellants who were accused 2 and 3 have challenged the said judgment of the High Court, while accused No.1 has not challenged the said judgment and conviction.

2. Brief facts necessary for the disposal of these appeals are follows:

The deceased S. Mahendara Singh was residing with his mother PW-2 and elder brother PW-1 at Bapunagar within the limits of Sanjeevareddy Nagar Police Station. The appellants and A-1 were also residents of said Bapunagar. The residents of Bapunagar were managing an Association called Basthi Youth Association which in turn was running a Bhajana Mandali. PW- 4 was the President of the said Bhajana Mandali and the deceased was the Vice President of said Bhajana Mandali. It is the case of the prosecution that there was a death in the family of A-2, hence, he wanted certain "samagri" for the funeral which was available in the said Bhajana Mandali. With a view to get the "samagri", on 30th of April, 1998 at about 11 p.m., the accused persons came to the house of the deceased and asked him to give the said "samagri" for taking them to Maheswaram for doing Bhajan at the house of the relative where the death had taken place. It is stated that the deceased refused to give Bhajan samagri for being used outside the locality. Being annoyed by the said refusal by the deceased, it is stated that the accused persons went away but came back again at about 11.45 p.m. when the members of the deceased family were sleeping and called the deceased to come out. The prosecution alleges on being so called the deceased went outside the house. Immediately thereafter PWs.1 and 2 heard the cries of the deceased, hence, they came out of the house when they saw A-2 and A-3 were holding the hands of the deceased and A-1 was stabbing the deceased on the chest. The prosecution alleges that when these witnesses went near the victim the accused persons went away threatening these witnesses. The further case of the prosecution is that at that time PWs.3 and 4 who were clearing certain construction materials in front of their house had also witnessed the occurrence. The prosecution alleges after the accused went away the deceased was removed to Gandhi hospital but he died on the way. PW-1 thereafter went to Sanjeevareddy Nagar Police Station and gave a written complaint Ex. P1 to PW-8 who was In-charge of the Police Station at that time and a crime was registered on the basis of the said complaint under Section 302 IPC. PW-10, the Circle Inspector of Police of the said Police Station then took up the investigation. He visited the scene of offence and examined PWs.1 to 4 and recorded the statements in the morning of 1st May, 1998 and after investigation he filed the charge sheet against the accused persons. It is relevant to mention herein that during the course of investigation PW-10 also got the statements of PWs.1, 3 and 4 recorded under Section 164 of the Code of Criminal Procedure. During the course of the trial, PW-4 did not support the prosecution case fully, hence, he was treated as hostile and cross-examined. The trial court accepting the evidence of the eye- witnesses PWs.1 to 4 came to the conclusion that the deceased met with a homicidal death at the hands of the accused persons during which act A-1 caused 4 stab injuries which led to his death and during the said attack by A-1, the other accused A2 and A3 were holding the hands of the deceased facilitating him to inflict the wound. Therefore, while A-1 wa