The main legal point established in the judgment is the importance of reliable and consistent evidence in establishing guilt beyond reasonable doubt.

JUDGMENT :

(C. Praveen Kumar, J.)

The present appeal came to be filed by A.3 and A.4 against their conviction in a Sessions Case No.712 of 2012 on the file of learned Additional Sessions Judge, Hindupur.

2. Originally, A.1 to A.4 were tried for the offences punishable under Section 364 and 302 of Indian Penal Code, 1860 [for short, “I.P.C.”]. As A.1 and A.2 died, the case against them was abated. A.3 and A.4 were found guilty under both the counts and sentenced to undergo Rigorous Imprisonment for a period of Ten years and also to pay fine of Rs.5000/- each for the offence punishable under Section 364 I.P.C. They were further sentenced to undergo Rigorous Imprisonment for Life and also to pay fine of Rs.5000/- each for the offence under Section 302 r/w. Section 34 I.P.C, in default of payment of fine amounts imposed as above, they were directed to undergo Simple Imprisonment for Two years. The substantive sentences shall run concurrently.

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

(a) P.W.1 is the wife of the deceased while P.W.2 is the son of P.W.1. P.Ws.3 and 4 are residents of Nallapareddipalli Village, Pulivendula Mandal, YSR District. A.1 is none other than the brother-in-law of P.W.1 while the other accused are also relatives of A.1. The father-in-law of P.W.1 was blessed with three children. The deceased was second one, while A.1 was the elder child. The family members got separated and were living independently. Each of them were found to be in possession and own 2 ½ acres of land. There were disputes regarding the properties between the three brothers.

(b) On 11.05.2011 at about 10.00 p.m. to 11.00 p.m. A.2 and A.3 came to the house of P.W.1 while A.1 and A.4 were in Sumo. A.2 and A.3 knocked the door of the house and on hearing the sound, P.W.1 put on the light and opened the door. The deceased questioned A.2 and A.3 why they came, for which, A.2 and A.3 replied that they came for a panchayat regarding the property. The deceased informed A.2 and A.3 that at this late night, he is not coming out for a panchayat. At that point of time, A.2 and A.3 forcibly took away the deceased in a Sumo belong to P.W.6.

(c) It is said that all the accused abducted the deceased in a Sumo towards Nagireddipalli side. As her husband did not return till next day morning, the family members informed P.W.4 at 6.00 a.m. and then all of them proceeded to Kadiri to enquire as to whereabouts of the deceased, with the Sumo driver/Phani Kumar, who was examined as P.W.6. P.W.6 disclosed that A.1 to A.4 beat the deceased and after killing the deceased, the accused sunk him in Maddileru Vanka. According to P.W.6 due to fear he ran away in a jeep to his place. Having regard to the information furnished by P.W.6, P.W.1 along with P.W.2 proceeded to Police Station where to the dictation of P.W.2, a report was drafted.

(d) P.W.15-Inspector of Police, who received the report and registered the same as a case in Crime No.26 of 2011 under Section 364, 302 r/w.34 I.P.C. Ex.P11 is the F.I.R. After registering the crime, he proceeded to the scene of offence situated at Maddileru Vanka and noticed the dead body in the canal. He summoned the relatives and with the help of villagers, the dead body was removed and placed on the bund. At the scene, he prepared a rough sketch of the scene which is marked as Ex.P12. He then conducted inquest over the dead body in the presence of panch witnesses. Ex.P5 is the inquest report. During the inquest, the witnesses opined that the A.1/Nagesh had disputes with the deceased, as he took the ancestral property by misguiding their father in his favour and since then quarrels were taking place. It is said that A.1 with the help of A.2 to A.4 planned and on 10.05.2011 at about 10.00 p.m. took the deceased from his house and thereafter killed him. After conducting the inquest, the body was handed over to P.C.No.1944 with a requisition to the Medical Officer, Government Area Hospital, Kadiri to