C. Praveen Kumar, J.

1. Accused Nos. 1 to 3 in S.C. No. 432 of 2010 on the file of the Judge, Family Court-cum-Additional District and Sessions Judge, Nalgonda, are the appellants herein. They were tried on two charges. The first charge was under Section 302 IPC for causing the death of one Venkataiah (hereinafter referred to as "the deceased") by beating him with an iron rod while he was sleeping in front of his house at Bolligutta Cross Road, H/o. Boddupally Village. The second charge was under Section 394 IPC, for causing hurt to Nakka Salamma and Nakka Yadamma, during the course of committing robbery of gold ornaments. By its judgment dated 03.06.2011, the Sessions Judge convicted and sentenced them to suffer "imprisonment for life" and to pay fine of Rs. 5,000/- each, in default to suffer simple imprisonment for one year for the offence punishable under Section 302 IPC. They were further sentenced to suffer rigorous imprisonment for a period of seven years and to pay fine of Rs. 2,000/- each, in default to suffer simple imprisonment for a period of six months for the offence punishable under Section 394 IPC. Both the sentences were directed to run concurrently. The case of the prosecution as culled out from the evidence adduced by the prosecution is as under:

(i) The deceased was the husband of P.Ws. 1 and 2. P.W. 2 is none other than the sister of P.W. 1. P.Ws. 3 to 5 are residents of Boddupalli Village, while P.W. 6 is the brother-in-law of the deceased. On the intervening night of 03/04.05.2010, while the deceased and others were sleeping in front of their house, three people came there in the midnight, beat them and also snatched away gold black beads chain, ear studs, gold pusthe, weighing one tula, half tula, half tula respectively from P.W.1. According to her, she was beaten on her left forehead. Thereafter, they beat the deceased and P.W. 2 with iron rod and snatched away gold ear studs weighing half tula, gold pusthelu weighing half tula from P.W. 2. The evidence of P.Ws. 1 and 2 further indicate that the accused broke the door, threw the articles here and there and also snatched away the cell phone from the house. The three persons claiming themselves to be naxalites, threatened them not to reveal anything to others. Their evidence further discloses that the culprits pushed them into the house, closed the door from outside and left the place. In the morning, P.W. 3 went to the house to give milk. On her visit, she did not find anybody at the house. Though she called them from outside, there was no response. She opened the doors and found P.Ws. 1 and 2 and their husband with injuries. She informed about the same to P.W. 4, who in turn rushed to the scene and found P.Ws. 1 and 2 and their husband with injuries. Thereafter, P.W. 4 shifted them in the auto of P.W. 5 to Government Hospital, Devarakonda.

(ii) On 04.05.2011 at about 8.00 a.m. P.W. 14-the Sub-Inspector of Police, received a report from P.W. 1, basing on which he registered a case in Crime No. 133 of 2010 and issued the first information report, which was placed on record as Ex. P17. Further investigation in this matter was taken up by P.W. 17, the Inspector of Police. According to him, after receipt of the first information report, he along with P.W. 14 went to the Government Area Hospital, Devarakonda, examined P.Ws. 1 and 2 and Venkataiah (deceased) and gave requisition to the Duty Medical Officer for treatment. Thereafter, he visited the scene of offence situated at Bolligutta chowrastha and prepared a panchanama of the scene in the presence of P.W. 7. Ex. P3 is the scene of offence panchanama. Thereafter, he drew a rough sketch of the scene and also got photographed the scene. During the said proceedings, he examined P.Ws. 3 to 5 and recorded their statements. On 30.05.2010 at about 8.00 a.m. P.W. 1 came to the police station and presented a petition stating that her husband Nakka Venkataiah died while he was being shifted to Osmania Hospital