Judgement

SARKARIA, J.:- This appeal is directed against a judgment of High Court of Andhra Pradesh, converting appeal by the State - the acquittal of the appellant into conviction. Appellant No. 1(for short. A-1) was an arrack contractor doing liquor business inter alia within the territorial jurisdiction of Police Station Indukurpet, District Nellore, while Appellant No. 2 (for short, A-2) was a Sub-Inspector of Police in charge of this Police Station.

2. The appellants and one other person were tried by the First Additional Sessions Judge Nellore on charges under Sections 120-B. 366, 376,302/34, 201. 218. 468/34, 324, Penal Code relating to the abduction rape and murder etc. of two sisters, named Kalarani and Chandrika Rani of Nellore. The Sessions Judge acquitted the three accused of all the charges. Against the acquittal of the appellants only the State preferred an appeal. The High Court partly allowed the appeal, set aside the acquittal on charges 7, 8, 9 and 11 and convicted A-2 and A-1 under Sections 201, 201, /34, Penal Code and sentenced each of of them to five years rigorous imprisonment.A-2 and A-1 were further convicted under Sections 318 (sic) (S. 218?) and 318/109. (sic) (218/109?). Penal Code and sentenced to two years rigorous imprisonment each. They were also convicted under Sections 468 and 468/34, Penal Code and sentenced to two years rigorous imprisonment each. The sentences on all the counts were directed to run concurrently. Their acquittal on the remaining charges, including those of abduction, rape and murder was upheld.

3. The facts of the prosecution case as they emerge from the record are as follows:

Kalarani and Chandrikarani deceased were two of the Six daughters of P.W.1, a legal practitioner of Nellore, Kalarani was aged 21 and a graduate from the local Women s College, Nellore. She used to be the President of the College Union and as such was well known. Chandrika Rani was, aged 17 and a B. A. student in that very college. On 6-6-1971 in the morning the deceased girls along with their parents and other sisters attended a marriage in the house of a family -friend (P. W. 2). In the afternoon they went away from the marriage house saying that they were going out to have coca-cola. At about 4 p. m. they boarded a bus bound for Mypaud which is a seashore resort at a distance of 11 miles from Nellore. At about 5-40 p. m. they were seen alighting from the bus at Mypaud and then proceeding towards Sagarvilla, a Travellers Bunglow situated near the seashore. They were last seen at about 6-30 p. m. on the seashore by P. Ws. 11, 12, 13 and 14. Shortly thereafter, P. W. 18, a rickshaw puller was attracted to the seashore by the outcry of a woman. When he proceeded in that direction, Chandrika Rani came running to him for help. P. W. 18 saw 4 persons, including A-1 and A-2 carrying away Kala Rani who was groaning. On seeing P. W. 18, A-1 and A-2 turned on him. A-1 first slapped and then stabbed P. W. 18 on his right arm with a penknife, while A-2 gave blows on his back. Out of fright, P. W. 18 took to his heels while Chandrika Rani was draggqd away by the appellants.

4. On 6-6-1971 Chamundeshwari Festival was being celebrated in Gangapatnam and neighbouring areas at about 9 p. m. It was bright moonlight. On learning that the dead body of a girl had been seen on the beach of Pallipalem which is a hamlet of Gangapatnam, many persons went there. P. W. 23, a fisherman of Pallipalem and P. W. 2, an employee of Electricity Department were also among those persons. It was the body of a girl, aged about 21 or 22 years, of fair complexion and stout build. Blood was oozing from a reddish abrasion on the forehead. There was a gold ring with a red stone on the finger of the body. Next morning, P.W.23 went to P. W. 26, the Sarpanch of Gangapatnam and informed the latter about the corpse on the seashore. P. W. 23 and P. W. 26 then went to the village Karnam (P. W. 27) as they found the village Munsiff absent. The Karnam sc