The main legal point established in the judgment is that the evidence of eyewitnesses, the injured witness, and the medical evidence played a crucial role in establishing the guilt of the accused beyond all reasonable doubt.

JUDGMENT

B.V.L.N.CHAKRAVARTHI, J. - This is an appeal filed by Accused 1 and 2 under Sec. 374 (2) of the Code of Criminal Procedure (for short hereinafter referred to as "Cr.P.C., ") challenging the judgment dt.28/7/2015 in Sessions Case No.382 of 2014 delivered by the learned III Additional Sessions Judge, Guntur, where under the Accused No.1 was found guilty for the offence punishable under Sec. 302 of the Indian Penal Code (for short herein after referred to as "I.P.C., ") and sentenced to undergo Imprisonment for Life and to pay a fine of Rs.2, 000.00 and accused No.2 was found guilty for the offence punishable u/s 302 r/w 34 of the I.P.C., and sentenced to undergo imprisonment for life and to pay a fine of Rs.2, 000.00. However, Accused 3 and 4 were found not guilty for the offence punishable u/s 302 r/w 34 of I.P.C., and were acquitted of the said offence.

2. It appears that, the State, represented by the Inspector of Police, Chebrolu Circle did not prefer any appeal questioning the judgment of the learned Sessions Judge in acquitting Accused Nos.3 and 4.

3. The case of the prosecution, in brief, is as under : -

(i) The deceased-Shaik Bajibee is the mother of Shaik Malik (P.W.1) and wife of Shaik Babusha (P.W.2). Mogal Rizwana (P.W.3) is the daughter of P.W.2. Shaik Khadar Bi (P.W.5) and Shaik Jurabi (P.W.6) are the sisters of the deceased.

(ii) The Accused No.1 is the husband of Mogal Rizwana (P.W.3). Accused No.1 and P.W.3 are residents of Suddapallivillage of Guntur District. They were blessed with two children. Accused No.1 was addicted to alcohol and used to beat his wife by suspecting her fidelity. The deceased was running a Belt Shop (extension of a licenced liquor outlet) at their house. Due to harassment of accused No.1, P.W.3 returned to her parents" house and was looking after the Belt Shop. Accused No.1 developed suspicion as P.W.3 was speaking with customers attending the shop.

(iii) While so, three days prior to 16/10/2013 P.W.3 visited the house of her parents to celebrate Bakrid festival. On 16/10/2013 at about 7.00 a.m., Accused No.1 went to the house of P.W.2 and deceased. He demanded them to send P.W.3 to his house. The deceased did not heed his words. Then accused No.1 threatened P.W.3, beat her and left the house. On the same day at noon time, the deceased, P.Ws.1 and 2 went to the house of Accused No.1 and quarreled with him for threatening and beating P.W.3. Accused No.1 felt insulted in the public. He thought that the deceased was responsible for all these happenings and decided to do away with her life.

(iv) Thereafter, Accused No.1 went to the house of Accused No.4, who is his mother and informed her about the happenings. Accused No.1 is the brother of Accused No.3, sought the help of his mother and brother to do away with the life of the deceased. Accused No.4 informed the happenings to Accused No.2, who is a cousin of Accused No.1.

(v) On 16/10/2013 at about 5.00 p.m., Accused 1 to 4, with a common intention to kill the deceased, went to the house of the deceased. Accused No.1 carried a knife (M.O.1) by secreting it in his trouser pocket. They found P.Ws.1 to 3 in front of the house. Accused 1 to 4 picked up a quarrel with the deceased. They attacked P.Ws.1 to 3 with a common intention to kill the deceased. Accused No.2 caught hold of the deceased, while Accused No.1 took out the knife from the trouser pocket and stabbed the deceased below her left breast causing a deep injury. As a result, the deceased died on the spot. It was witnessed by P.Ws.1, 4 and P.W.5 Shaik Khadar Bi. They came to the rescue of the deceased. The accused hurled the knife towards P.W.1 causing an injury and ran away from the scene of offence.

(vi) On 16/10/2013 P.W.1 presented Ex.P1 report before the Sub-Inspector of Police, Chebrolu P.S., (P.W.9). Basing on the same, P.W.9 registered a case in Cr.No.108 of 2013 for offences u/s 302 and 324 r/w 34 of IPC against Accused 1 to 4 under Ex.P9 F.I.R., He referred P.W.1 to the G