Important Point—Appellant cannot be convicted solely based upon identification by one witness as there is every likelihood of witness indulging in chance identification.

C.V. Nagarjuna Reddy, J.

1. The sole accused in Sessions Case No.433 of 2009 on the file of the II Additional Sessions Judge, Nalgonda at Suryapet, filed this Criminal Appeal feeling aggrieved by his conviction for the offences punishable under Sections 302, 307 and 394 IPC and sentence to undergo (i) Life Imprisonment for the offence under Section 302 IPC, (ii) Rigorous Imprisonment of seven years for the offence under Section 307 IPC and (iii) Life Imprisonment for the offence under Section 394 IPC, all of which were directed to run concurrently.

2. The case of the Prosecution, in brief, is as follows:

One Ankireddy (hereinafter referred to as ‘the deceased’), who was the owner of Sri Ramanjaneya Rice Mill situated at Lingampally Cross Road, was killed and his son (PW.3) received injuries on the night of 09-08-2000. LW.1- Somagani Bixam approached PW.9- Sub-Inspector of Police, Noothankal Police Station, at 11.00 a.m., on 10.08.2000 and gave Ex.P.4-report that he is a resident of Miryala Village and living on agriculture and also by doing coolie work in Sri Ramanjaneya Rice Mill; that on the night of 09-08-2000, himself and the deceased were sleeping on separate cots in the verandah of the Rice Mill; that PWs.3 and 4, who are the son and the daughter-in-law of the deceased slept in a room inside the mill; that at about 12.00 midnight, two strangers, who were wearing masks, suddenly arrived at the scene, woke up both the deceased and Bixam and demanded drinking water; that when they were given water with a small vessel, they informed that the said quantity of water would not be sufficient as there were 12 persons (elder brothers) waiting outside, who also need water; that on seeing the weapons such as axes and knives in their hands, Bixam (LW.1) felt scared and handed over the pot containing water; and that one of those two strangers took away the pot, while the other person sat with them. It is further stated that the person, who has taken the pot of water, came back, asked Bixam (LW.1) as to which is his native place and after his reply, commanded him to lie down on the floor, covered him with a blanket, directed him not to witness anything and threatened that if he does not do so, he will be hacked with axe; that thereafter, the assailants have brought PWs.3 and 4 outside the room and hacked the deceased with axes and knives; that following the said attack, the deceased went inside the mill and fell on the cot upon which he was again attacked with the axe leading to his instantaneous death; that when PWs.3 and 4 tried to prevent the assailants from attacking the deceased, they were also attacked with knives as a result of which they got injured; that both the assailants have forcibly put Bixam (LW.1) and PW.4 inside the room, bolted from outside and left the place after talking to PW.3 for some time; that during early morning, Bixam (LW.1) has opened the windows and looked for help from anybody, who may be going to their agricultural wells; that as it was heavily raining, he could not see anyone; and that PW.3 himself came by groaning and opened the doors following which Bixam (LW.1) and PW.4 came out; that both the assailants have thrown all the articles and clothes outside; and that he does not know the reason why they have killed the deceased. The said report was registered as FIR No.51 of 2000 under Sections 302 and 307 IPC and sent to the jurisdictional Magistrate at 6.00 p.m., on 10-08-2000. In Column 7 of the FIR, the accused were described as ‘unidentified thieves’.

3. It is stated in the chargesheet that during the course of investigation, PW.9- Sub-Inspector of Police, Nuthankal, examined and recorded the statements of Bixam (LW.1), PW.1, Kompalli Narsi Reddy (LW.3), PW.2, PW.3 and Kompally Ram Reddy (LW.5); that thereafter, he prepared Ex.P.1- Scene of Offence Panchanama, conducted inquest over the deadbody of the deceased, prepared Ex.P.2- Inquest Report and shifted the dead body to the Government Area Ho