C.PRAVEEN KUMAR, J.

1. The sole accused in Sessions Case No.144 of 2010 on the file of the II Additional District and Sessions Judge (Fast Track Court) at Sangareddy is the appellant herein. He was tried for the offences punishable under Sections 302, 307 and 380 IPC (for causing death of Prakash Rawoot (D.1) and Rasanand Nayak (D2), for causing injuries to one Pradeep Kumar Pradan (PW.21) and also for committing theft of two mobile phones, a bag of D.1 containing clothes and cash of Rs.4,100/-). By its judgment dated 24.02.2011, the Sessions Judge convicted the accused and sentenced to undergo ‘imprisonment for life’ and to pay a fine of Rs.200/-, in default to suffer simple imprisonment for 15 days for the offence punishable under Section 302 IPC; further sentenced to undergo rigorous imprisonment for 10 years and also sentenced to pay a fine of Rs.200/-, in default to suffer simple imprisonment for 15 days for causing injuries to PW.21 for the offence punishable under Section 307 IPC; and also sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs.200/-, in default to suffer simple imprisonment for 15 days, for the offence punishable under Section 380 IPC.

2. The facts as borne out from the record are as under:

(i) PW.1-Ram Singh was working as a Contractor, for security Guards, in the name and style of Jai Bhavani Security Contract at Sadasivpet. PW.3-Gangadara Raju was working as Security Guard at ASO Patancheru Steel Company and PW.4-Peer Mohammad was working as Security Guard in Prathap Steels along with D1 and D2, PW.21-Pradeep Kumar, the accused and PW.6-Kotha Gachi Shankarappa were also working as Security Guards at Patancheru Company. All these persons were working as security guards under PW.1.

(ii) The evidence on record would show that D.1, D2, PW.21 and the accused were living together under the same roof and mess, in the premises of Pratap Steel Company, Ramachandrapuram. On the date of incident at about 06.00 am PW.2 asked D.1 to get ready to change his uniform to go to the company for working in second shift. Thereafter, he went into his room to change his dress and at about 7 a.m., he again went back to the room of D.1 along with Anjaneyulu. He noticed D.1, D.2 and PW.21 with bleeding injuries on their heads. Immediately, he informed the said incident to PW.1 over phone. The evidence of PW.1 discloses that he also received a message from PW.3 to the effect that D.1, D2 and PW.21 sustained injuries. Pursuant thereto, PW.1 rushed to the scene of offence and found D.1, D.2 and PW.21 with bleeding injuries. The evidence of PW.4 is also to the effect that while he was washing his face in his room, in the premises of Prathap Steel Company, Anjaneyulu came and enquired whether D.1-Prakash was getting ready to go to duty. PW.4 went to the said room and found D.1, D.2 and PW.21 with bleeding injuries over the head. The same was informed to Anjaneyulu, who in turn informed to PW.1. But, however, PW.21, who is an injured eye witness states that on the date of incident while himself, D.1 and D.2 were sleeping in the room, the accused came to the room at 05.00 am along with a granite stone and killed D1 and D.2 by throwing it on their heads. On hearing their cries, he woke up. Pursuant thereto, the accused also threw the said stone on his head, which he warded of by his hands by raising an alarm. As a result of which, PW.21 is said to have sustained injuries to his both hands. Thereafter, the accused is said to have been taken away the cell phone of D.1 and also the bag of D.2 containing clothes and cash. He claims to have identified the objects in the Court. Immediately, thereafter PW.1 called the 108 ambulance and took the injured to Sai Durga Hospital at Chandanagar and later to Prasad Hospital, Kukatpally for better treatment. But one of the deceased by name Prakash died after he was taken to Prasad Hospital, while D.2-Rasanandam died on the second day, after being shifted to Gandhi Ho