JUDGMENT :

C. Praveen Kumar, J.

1. Heard Sri. Challa Dhanamjaya, learned Senior Counsel appearing for the Appellant/Accused No. 1, 2 and 4 in Criminal Appeal Nos. 431 of 2015 and 509 of 2016; Sri. Venkateswarlu Sanisetty, learned Counsel appearing for the Appellant/Accused No. 3 in Criminal Appeal Nos. 534 of 2015 and Sri. Soora Venkata Sainath, learned Additional Public Prosecutor, appearing for the State. As these three Criminal Appeals arose from one Sessions Case, they are disposed of together by this Common Order.

2. Accused Nos. 1 to 4 in Sessions Case No. 45 of 2009 on the file of the XV Additional District and Sessions Judge, Nuzvid, are the Appellants herein. Originally, all the four Accused were tried for the offence punishable under Section 302 read with 34 Indian Penal Code [‘I.P.C.’] for causing the death of one Manchineella Venkateswara Rao [‘Deceased’] in the early hours of 01.01.2008 at G. Konduru Village. By its Judgment, dated 21.042015, the learned Sessions Judge, convicted all the Accused for the offence punishable under Section 302 read with 34 of I.P.C. and sentenced each one of them to suffer imprisonment for life and to pay fine of Rs.1,000/-in default to undergo simple imprisonment for three months each. Assailing the said conviction and sentence imposed, the present Appeals are preferred.

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

(i) PW1 is the brother of the deceased, while PW2 is wife of the deceased. PW3, PW4 and PW5 were examined as eye witnesses to the incident. Accused Nos. 1 to 4 are also residents of Velagaleru Village of G. Konduru Mandal.

(ii) On 01.01.2008 at about 4.00 A.M., PW1 along with the deceased went to Panchayat Office of their Village for purchase of cigarettes from the buddy shop of PW3. At that time, Accused Nos. 1 to 4 were present at the buddy shop of PW3. It is said that, PW1 and deceased went to greet Villagers on the eve of New Year. While they were at the buddy shop, Accused No. 1 is said to have blown Manikchand Gutka powder by tearing the packet. The powder fell on the face of the deceased. In response to the same, the deceased questioned as to who blew the powder on him. At that point of time, Accused No. 3 uttered to kill the deceased. On his utterance, Accused No. 1 picked up stout stick [Kattepedu] lying there and is said to have beat the deceased on the back side of head. On receiving the said blow, the deceased fell down at the buddy shop. On seeing PW4 and 5 and on hearing the cries raised by them, the Accused left the place.

(iii) At about 8.00 A.M., PW1 along with others went to the Police Station and presented a report, which came to be registered as a case in Crime No. 01 of 2008 for the offence punishable under Section 302 I.P.C. Ex.P1 is the report, while Ex.P15 is the First Information Report.

(iv) PW11 – Sub-Inspector of Police, who registered Ex.P15 [F.I.R.], took up further investigation and proceeded to the scene of offence. At the scene of offence, he noticed the dead body lying on the road. The head of the deceased was broken and brain matter was out. At the scene, he got prepared an observation report and also photographed the scene of offence, apart from preparing a rough sketch of the scene. Ex.P13 is the Rough Sketch of the scene and Ex.P3 is the Observation Report, while Ex.P2 are a set of photographs. Thereafter, he conducted inquest over the dead body in the presence of PW6 and others. Ex.P5 is the Inquest Report. During inquest, he examined PW1, PW3, PW4 and other family members and recorded their statements. After completing the inquest proceedings, the dead body was sent for post-mortem examination.

(v) PW10 – Civil Assistant Surgeon in Community Health Centre, conducted autopsy over the dead body and noticed external injuries on the body. According to him, the cause of death is due to head injury. Ex.P12 is the post-mortem examination.

(vi) On 02.01.2008, PW11 [Sub-Inspector of Police] proceeded to Velagal