(Per N.R.L. Nageswara Rao, J.)

The accused in Sessions Case No.13 of 2006 on the file of III Additional District and Sessions Judge (Fast Track Court), Nizamabad, who were convicted for the offence punishable under Section 302 read with 34 of the Indian Penal Code, 1860 (for short, "I.P.C.") and sentenced to undergo rigorous imprisonment for life and to pay fine of 1,000/- each, in default to undergo simple imprisonment for a period of six months each, are the appellants herein.

2. The case of the prosecution is that the first deceased, Padma (Dl), is the daughter of PW.3and sister of PW.2. The second deceased, Shirisha (D2), is the daughter of Dl. PW.2 is a goldsmith and their family resides at Padkal Village. Dl was given in marriage to one Tirupathi of Boregaon Village and as there was failure of relationship between them, Dl was staying with PWs.2 and 3 since some time. Prior to 29.09.2005, Al came to Padkal and wanted to marry Dl. The parents of Dl asked him to divorce his first wife and then only they will give Dl in marriage to him. Thereafter, A1 eloped D1 and married her. For one year they have not visited the village Padkal. Subsequently, A1 started ill-treating D1 and eight days prior to the incident, D1 came to the village Padkal. On 24.09.2005, A1 came to Padkal village and asked PW s.2 and 3 to send his wife along with him. Then they insisted him to bring some elder along with him. Accordingly, on 29.09.2005, A1 brought A2 and both of them gave assurance that the deceased persons will be taken care of and A2 also gave a personal undertaking. Thereafter, both the deceased persons were sent to Laxmapoor village along with A1 and A2, where they resided. On the morning of 30.09.2005, A2 telephoned to PW.7 and informed about the death of the deceased persons. Then PW.7 in turn informed PW.2 and both of them went to Laxmapoor village. and found the dead bodies of the deceased persons. The family members of the deceased persons also came from Padkal Village and thereafter, PW.2 lodged a complaint, which was registered as a case in Crime No.61 of 2005 under Section 302 read with 34 I.P.C. During the course of investigation, statements of the witnesses were recorded, inquest was held on the dead body of the deceased, panchanama of the scene was conducted and the dead body of the deceased was sent to post-mortem examination. On 01.10.2005, the accused were arrested at the house of A2 and their confessional statements were recorded. It was disclosed thatA1 suspected the character of 01 and the investigation established that both the accused killed the deceased persons and therefore, they are liable for punishment under Section 302 read with 34 I.P.C. The case was taken on file as P.R.C.No.64 of 2005 by the Additional Judicial Magistrate of First Class, Armoor, and committed the same to the Court of Sessions, Nizamabad, and made over to the Court of III Additional District and Sessions Judge (Fast Track Court), Nizamabad.

3. After the appearance of the accused before the learned Sessions Judge, a charge under Section 302 read with 34 I.P.C. was framed, read over and explained to them in Telugu and they pleaded not guilty.

4. On behalf of the prosecution PWs.1 to 15 were examined and Exs.Pl to P16 were got marked besides case property M.O.1.

5: After closure of the prosecution evidence, the accused were examined under Section 313 Cr.P.C. and they did not adduce any defence evidence.

6. The learned Sessions Judge, after appreciating the evidence on record, found the accused guilty of the offence for which they were charged and accordingly, convicted and sentenced them. Aggrieved by the same, the present Criminal Appeal is filed.

7. Since the accused have no capacity to defend themselves, Sri E. Venkata Reddy is appointed as legal aid counsel. Heard the legal aid counsel for the appellants and also the learned Public Prosecutor representing the state.

8. The points that arise for consideration are:

(1) Whether the prosecution h