JUDGMENT :

C. Praveen Kumar, J.

Accused 1 and 2 in Sessions Case No.319 of 2014 on the file of learned Special Judge for Trial of Cases under SCs & STs (POA) Act-cum-VI Additional Sessions Judge, Kurnool, are the appellants herein. Originally, they were tried for an offence punishable under Section 302 r/w 34 of Indian Penal Code, 1860 [for short “I.P.C.”] for causing the death of one Jithendar on 12.01.2014 at about 8.00 P.M., in the fields of Ramija Bee at the outskirts of the Orvakal village, Kurnool District.

2. Vide judgment dated 25.03.2015, the learned Sessions Judge convicted both the accused for the offence punishable under Section 302 r/w 34 I.P.C and sentenced each of them to undergo life imprisonment and to pay fine of Rs.500/- each, in default to suffer simple imprisonment for a period of six months.

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

(i) The deceased along with P.W.1 worked in Electrical Sub-Station at Orvakal. The accused also worked there as coolies. On 12.01.2014 at about 11.00 A.M., a quarrel took place between the deceased and the accused. P.W.7 and P.W.8 claimed to have intervened the said quarrel and separated them. Thereafter, they left their sheds by 6.00 P.M. and the accused also left the shed. On the next day at about 8.00 A.M., P.Ws.1, 7 and 8 went to work place and at about 8.30 P.M., they noticed dead body of the deceased by the side of work site with injuries over the body. P.W.1, who is a contractor, is said to have set the law into motion by getting First Information Report scribed through P.W.5 and lodging it before P.W.10, who was working as Trainee Sub-Divisional Police Officer, Orvakal police station at that relevant point of time.

(ii) Basing on the report of P.W.1, a case in Crime No.9 of 2014 came to be registered for the offence punishable under Section 302 r/w 34 I.P.C. Ex.P15 is the First Information Report. Information about the registration of crime was furnished to P.W.9, who was working Circle Inspector of Police, Kurnool Taluk circle. On receipt of a copy of the F.I.R., P.W.9 deputed Head constable to collect the panchayatdars and he proceeded to the scene of offence at 1.30 P.M., which is situated one Kilometre behind Model School of Orvakal in the outskirts of the village. At about 2.00 P.M., he conducted inquest over the body of the deceased in the presence of P.W.4 and P.W.5 under Ex.P8. During inquest, he seized M.os.1 to 10. He also examined P.Ws.1, 7, 8 & others and recorded the statements. He also got the scene of offence photographed through P.W.2. Thereafter, the body was sent for Post Mortem examination.

(iii) P.W.6, who was working as Professor, Head of the Department of Forensic Medicine, Kurnool Medical College, Kurnool, conducted autopsy over the dead body and issued Ex.P11 Post Mortem Certificate. According to him, the cause of death was ‘due to crush injury on head’.

(iv) P.W.9 continued his investigation, sent a requisition for tracker dog. Accordingly, P.W.3, who was the trainer of dog by name Ponny, brought the dog to the scene of offence. The dog got smelled the blood stains on the iron rod and then identified two persons in the mob. It is said that the dog identified A1 and A2 in the mob. The accused were arrested and their statements were recorded, which lead to discovery of M.Os.11 to 14 and the same were seized under Ex.P10 in the presence of P.Ws. 4 and 5. On 16.01.2014, P.W.9 sent M.Os.1, 2, 5 to 13 to the Forensic Science Laboratory through the Magistrate under Ex.P13. After completing the entire investigation, P.W.11-Inspector of Police, Kurnool Rural Circle, who took up investigation from P.W.9, filed charge sheet, which was taken on file as P.R.C.No.40 of 2014 on the file of Judicial Magistrate of First Class, Kurnool.

4. On appearance of the accused, copies of the documents, as required under Section 207 Cr.P.C., were supplied to them. As the offence is triable by Court of Sessions, the case was committed to