JUDGMENT

B. Krishna Mohan, J.

1. The appellants herein are A1 to A5 in S.C. No. 327 of 2012 on the file of III Additional District & Sessions Judge, Tirupati, Chittoor district. The accused 1 and 5 were tried for the offences punishable under Sections 302 and 201 IPC and A2 to A4 were tried for the offences punishable under Sections 302 r/w 34 and 201 IPC.

2. By its judgment dated 06.06.2014 the learned Sessions Judge convicted A1 and A5 for the offence punishable under Section 302 IPC and sentenced them to suffer imprisonment for life and pay fine of Rs. 1,000/- each, in default of payment of fine to undergo simple imprisonment for a period of six months. A2 to A4 are convicted and sentenced to undergo imprisonment for life and pay fine of Rs. 1,000/- each in default of payment of fine to undergo simple imprisonment for a period of six months each for the charge under Section 302 r/w 34 IPC. Further A1 to A5 were sentenced to undergo rigorous imprisonment for a period of three years and to pay fine of Rs. 500/- each in default of payment of fine to undergo simple imprisonment for a period of one month each for the charge under Section 201 IPC. The remand period undergone by the accused were directed to be given set off. Challenging the same the present appeal came to be filed.

3. The facts of the case as culled out from the evidence of the prosecution witnesses is as under:

PW 1 is the de facto complainant and watchman of the mango garden of PW 2 where the alleged incident had taken place. He deposed that A1 to A5 joined as coolies in the mango garden and on 26.06.2011 i.e., the date of incident. A1 brought one lady and told him that she was his wife and there was an altercation between them. He and his owner chastised them. Next day morning A1 to A5 were not found. He informed to the owner. On 28.06.2011 owner and himself went to the mango garden and while walking towards kasim kaluva saw chappals of a lady and heap of newly placed sand and found foul smell coming. PW 1 further deposed that he gave Ex. P1 report to the police. Police came and dead body was exhumed by MRO and he identified the body as that of wife of A1. PW 2, who is the owner of Mango and Mausambi gardens and police constable by profession, admits that PW 1 is the watchman of the mango garden and A1 to A4 were working as coolies and once in a week he used to go and pay coolies amount to A1 to A4. He further deposed that on 27.06.2011 PW 1 informed that A1 to A5 and wife of A1 went away. On 28.06.2011 PW 2 went to mango garden along with PW 1 and they found sand heap with foul smell. PW 1 gave report; police and MRO came there and exhumed the body. PW 2 further admits in cross examination that on 27.06.2011 he worked in Bakhapet Police Station. PW 3 speaks about arranging A1 to A5 as coolies in PW 2's mango garden at the request of PW 2/owner. PW 4 speaks about acting as Panch to exhume the dead body and in cross-examination he deposes that the dead body was on a canal bund whereas in chief deposes that the body was in a covered pit. PW 5 the maternal aunt of the deceased speaks about deceased developing illicit relationship with one Mutyalu/PW 6 in Chekka Bajans at Tirumala and further deposes that 2 years prior to her death she discarded her husband and eloped with PW 6 and that A1 gave police report and police brought her back but deceased again lived with Mutyalu/PW 6 since then. PW 6 Mutyalu who is a coolie deposes that he was having acquaintance with the deceased since three years prior to marrying her and he married her in 2008. He further deposed that on 26.06.2011 i.e., on the date of the incident deceased went to santha to purchase vegetables and did not return home. He further deposed that he informed to his manager, PW 5 and another person and also deposed that his company people informed him that the relatives of the deceased took her. Four days later, after 26.06.2011 he was informed that she died. He further deposed that three years prior to the dea