JUDGMENT

SARKARIA, J. - This appeal is directed against judgment of the High Court of Andhra Pradesh, converting - on appeal by the State - the acquittal of the appellants 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 Policy 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 Chandrikarani of Nellore. The Session Judge acquitted the accused of all the charges. Against the acquittal of the appellants only the State preferred an appeal. The High Court party allowed the appeals, set aside the acquittal on charge Nos. 7, 8, 9 and 11 and convicted A-2 and A-1 under sections 201, 201/34, Penal Code and sentenced each of them to five years rigorous imprisonment. A-2 and A-1 were further convicted rigorous imprisonment each. They were also convicted under Section 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.

4. Kalarani and Chandrikarani deceased were two of the six daughters of PW 1, a legal practitioner of Nellore. Kalarani was aged 21 and a graduate from the local Womens Collage, Nellore. She used to be the President of the collage union and as such was well-known. Chandrikarani was aged 17 and a B.A. student in that very collage. On June 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 (PW 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 bungalow situated near the seashore. They were last seen at about 6.30 p.m. on the seashore by PWs 11, 12, 13 and 14. Shortly thereafter, PW 18, a rickshawpuller was attracted to the seashore by the outcry of a woman. When he proceeded in that direction, Chandrikarani came running to him for help. PW 18 saw 4 persons, including A-1 and A-2 carrying away Kalarani who was groaning. On seeing PW 18, A-1 and A-2 turned on him. A-1 first slapped and then stabbed PW 18 on his right arm with a penknife, while A-2 gave blows on his back. Out of fright, PW 18 took to his heels while Chandrokarani was dragged away by the appellants.

5. On June 6, 1971 Chamundeshwari Festival was being celebrated in Gangapatnam and neighbouring areas at about 9 p.m. It was a bright moonlit night. 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. PW 23, a fisherman of Pallipalem and PW 25, an employee of the Electricity Department and PW 25, an employee of the 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 finger of the body. Next morning. PW 23 went to PW 26, the sarpanch of Gangapatnam and informed the latter about the corpse on the seashore. PW 23 and PW 26 then went to the village Karnam (PW 27) as they found the village munsiff absent. The Karnam scribed a report to the dictation of PW 23. The sarpanch signed it and sent it at about 7.30 a.m. through a bus driver (PW 29) to th