JUDGMENT :

C. Praveen Kumar, J.

Heard Sri B. Parameswara Rao, learned counsel appearing for the appellant and Sri S. Dushyanth Reddy, learned Additional Public Prosecutor, through Blue Jeans video conferencing APP.

1. Accused No. 1 in Sessions Case No. 132 of 2011 on the file of II Additional Metropolitan Sessions Judge-cum-IV Additional District and Sessions Judge, Visakhapatnam, is the appellant herein. The appellant along with two others were tried for the offences punishable under Sections 302, 201, 379 and 411 IPC. Vide Judgment dated 02.08.2013, the learned Sessions Judge, convicted the appellant for the offence punishable under Section 302 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 2,000/- in default to undergo simple imprisonment for a period of six months. He was further convicted for the offences punishable under Section 411 IPC and 201 IPC and was sentenced to undergo rigorous imprisonment for a period of one year under each count and to pay a fine of Rs. 1,000/- in default to suffer simple imprisonment for three months. All the sentences are directed to run concurrently.

2. The gravamen of the charge leveled against the accused is that, in pursuance of their plan to steal the vehicle i.e., Rhino RX Car bearing No. AP31 TU 5858, they killed one Enakoti Govindu (hereinafter referred to as, "deceased") on 02.08.2009 at Tapatapani Ghat road located between Berhampur to Udayagiri Road and thereafter caused disappearance of evidence by burning the clothes of the deceased and the towel used for murder of the deceased and then fled away along with the car.

3. The facts, as culled out from the evidence of the prosecution witnesses, are as follows:

(i) PW1, who is the informant, deposed in his evidence that he was running a travel agency in the name of Crazy cops. On 02.08.2009 at about 02:00 PM, he received a call to his landline informing that the caller is doing cloth business and he requires a car on hire purpose and that he is in room No. 107 of Purna lodge, Visakhapatnam. Accordingly, PW1 informed the same to one Nooka Raju, who is the owner of the vehicle i.e., Rhino Car bearing No. AP 31 TU 5858 to arrange a car on hire. The said Nooka Raju sent the vehicle engaging a driver by name Govind to Purna lodge.

(ii) Subsequently, PW2, who works as boy in the Purna lodge, deposed that on 01.08.2009 three persons came to Purna lodge and requested the Manager for a room stating that they are doing cloth business. Room No. 107 was allotted to them and all the three persons stayed in the said room. According to him, on the next day, i.e., on 02.08.2009 in between 01:00 and 01:30 PM, A2 sat in the reception waiting for arrival of a car and, at 03:00 PM, a green colour car came in which all the three persons proceeded stating that they are going to Orissa and would come back soon. The three persons, who boarded the car, were identified by him before the court.

(iii) It is the case of the prosecution that the vehicle which went from Purna lodge carrying A1 to A3 did not return back. The driver of the vehicle also did not respond to the calls made. Further, when PW1 enquired with Nookaraju, he was informed that the driver of the vehicle informed him that they reached Ichapuram at night 10:00 PM. Then PW1 and Nooka raju together telephoned to the driver of the taxi but there was no response. As such on 03.08.2009, PW1 went to PW5 the Sub-Inspector of Police, and gave a report basing on which a case in Crime No. 478 of 2009 came to be registered. Ex. P8 is the FIR.

(iv) PW5, who is the Sub-Inspector of Police, in his evidence deposed that on receiving report from PW1, he registered FIR-Ex. P8 and took up investigation. During the course of investigation, he visited Purna lodge and recorded the statement of PW2.

(v) PW8, the Inspector of Police, CCS, Visakhapatnam, who took up further investigation, states that on 12.01.2010, he received information from Orissa with regard to missing vehicle and immediately