Judgment

K. JAYACHANDRA REDDY, J.-

The three appellants herein (original accused 1 to 3) have been convicted by the trial court under Sections 302/34, 379/34 and 201 IPC and sentenced to life imprisonment, two years and five years RI respectively. The appeal preferred by them has been dismissed by the High Court. Hence the present appeal. The prosecution case is as follows.

2. The deceased Mylapalli Venkataramana was working as a taxi driver of the Car AAV 6885 belonging to PW 6. The deceased had a valid driving licence, MO 13. A-l, a resident of Anakapalli, was in occupation of Room No. 11 in Seaking Lodge in Visakhapatnam. A-2, whose mother was living with her second husband at Allahabad and having incurred the displeasure of her maternal grandfather, (PW 19) came and occupied Room No. 17 in the same lodge. A-3 was an associate of A-2. All the three accused became close associates. On 27-12-1978, PW 13, the driver of another taxi, received a phone call from the Manager of the lodge at 2.30 p.m. informing him that the persons occupying Room No. 11 required a taxi. PW 13 accordingly went to the lodge and gave a lift to A-1 to A-3 along with a girl to Alankar Theatre. After disembarking at the Theatre, the accused gave a chit to PW 13 to collect the fare from the Manager of the lodge. Accordingly PW 13 collected Rs 10 from the Manager. On the same day at about 7 p.m., PW 4, another taxi driver saw the deceased coming in his taxi towards Jagadamba Junction. A-2 and A-3 stopped the taxi of the deceased and enquired as to what would be the to and fro fare to Yellamanchili. The deceased told that it would be Rs 100. A-2 and A-3 got into the taxi of the deceased and went away. This conversation between the deceased and A-2 and A-3 was heard by PWs 3, 4 and 7. On the same day namely 27-12-1978, PW 8 saw the deceased and his taxi at Jagadamba Junction at about 11.30 p.m. On enquiry the deceased told him that he had gone up to Adanampudi, as A-2 and A-3 had forgotten a file and therefore they have returned and that the deceased would have to take the same party on the next day to Yellamanchili. On 28-12-1978 PW 7 came to Jagadamba Junction with his taxi and saw the deceased and his taxi at the Junction and asked about his having gone to Yellamanchili and the deceased narrated the same which he told to PW 8. The deceased went to the house of the taxi owner, PW 6, on 28-12-1978 and gave him the taxi fare of Rs 50. At about 7.30 p.m. on the same day A-3 came there and engaged his taxi and A-2 also came and got into it and thereafter the taxi moved away towards Saraswati Junction. This was observed by PW 5, another taxi driver. On the same day at about 9 p.m. A-3 went to a wine shop at Anakapalli and purchased half bottle of whisky from PW 9 and thereafter they went to the hotel run by PW 10 at Kasimkota by the side of Nookalamma Temple on the G.N.T. Road. The deceased was also known to-PW 10. A-l to A-3 went to the hotel at about 9.30 p.m. along with the deceased. They consumed the liquor and ate chapatis and chicken curry supplied by PW 10. The deceased also ate chapatis and vegetable curry. A-l to A-3 remained in the hotel for about 30 minutes. Thereafter A-l to A-3 and the deceased went towards Yellamanchili side but returned within 15 minutes to the hotel and after pouring water in the radiator they again went away. On the intervening night of 28/29-12-1978 at about 1.30 a.m. A-l to A-3 took the taxi AAV 6885 to the Petrol Bunk and purchased 20 litres petrol and A-3 paid Rs 71 under Ex. P-7 to PW 11, a salesman who also observed the movements of A-1 to A-3. After taking petrol A-1 to A-3 went to Durga Lodge at about 2 a.m. belonging to PW 12 and they occupied Room No. 106. The accused asked PW 12, the owner of the Lodge for the assistance of the ward boy for getting brandy bottle but they were told that the ward boy was sleeping. On that A-1 went to the place where the ward boy was sleeping and woke him up and the ward boy told him that