IMPORTANT POINT
In criminal cases based on circumstantial evidence, the prosecution must establish a complete and unbroken chain of evidence to prove guilt beyond reasonable doubt.

JUDGMENT :

(K. Sreenivasa Reddy, J.) :

Accused Nos.1 and 2 in Sessions Case No.24 of 2016 on the file of the XIII Additional District and Sessions Judge, Guntur at Narasaraopet, (hereinafter referred to, as ‘the learned Additional Sessions Judge’) are the appellants in the present Criminal Appeal. Accused Nos.1 and 2 were tried by the learned Additional Sessions Judge for the offences punishable under Sections 302 and 201 read with 34 of the Indian Penal Code, 1860 (for brevity ‘IPC’).

2. Vide Judgment, dated 19.12.2016, the learned Additional Sessions Judge convicted the accused Nos.1 and 2 and sentenced to undergo imprisonment for life each and to pay a fine of Rs.500/- (Rupees five hundred only) each, in default of payment of fine, to undergo simple imprisonment for a period of one (01) month each for the offence punishable under Section 302 read with 34 IPC. Further, accused Nos.1 and 2 were sentenced to undergo rigorous imprisonment for a period of two (02) years each and to pay a fine of Rs.100/- (Rupees one hundred only) each, in default of payment of fine, to undergo simple imprisonment for a period of fifteen (15) days each for the offence punishable under Section 201 read with 34 IPC. Both the substantial sentences were directed to run concurrently.

3. The substance of the charges as against the accused Nos.1 and 2 is that on 31.08.2014 at about 8.00 p.m., in the fields of Yarla Seethamma of Sangineedupalem village, while accused No.2 caught hold the legs of one Gorre Ramanjaneyulu (hereinafter referred to, as ‘the deceased’), accused No.1 caused the death of the deceased by squeezing the neck of the deceased. In the course of the same transaction, the accused threw the dead body of the deceased into NSP Canal to screen the evidence.

4. Case of the prosecution, briefly, is as follows:

(i) The accused and the deceased are residents of Sangineedupalem village of Bollapalli Mandal. P.W.1 is the father, and P.W.2 is the brother, of the deceased. The deceased discontinued his studies after X class and used to attend agricultural works; the deceased used to drink alcohol.

(ii) On 31.08.2014 at about 6.00 p.m., the deceased informed P.W.1 that one Amarason Balu called him on phone and suggested to raise chilly seed links ; thereafter, he went into the washroom to take bath; even, while the deceased was taking bath, his mobile rang and the deceased attended the same and said (‘coming brother’); the deceased was wearing black pant, red colour banian; he did not come back for the dinner; P.W.1 waited for the arrival of the deceased till 11.00 p.m., thereafter, they slept in their house; on the next day morning, P.W.1 went to the fields, as usual, to attend the works; they were there in the fields till 12.00 noon; around 12.00 noon, P.W.1 returned home for lunch and after having lunch at home, P.W.1 took food for others, who were working in the field; in the field, P.W.1 told the workers that the deceased did not come back; thereafter, P.W.1 returned home and enquired his relatives over phone with regard to whereabouts of the deceased but, no one gave information about the deceased.

(iii) About 7.00 or 8.00 p.m., P.W.1 proceeded to the house of accused No.1 to know the whereabouts of the deceased; by the time P.W.1 reached the house of accused No.1, the family members of accused No.1 were taking him to the hospital, as he consumed pesticide; P.W.1 returned home; on the next day morning, he proceeded to the Vellaturu Hospital, where accused No.1 was taking treatment; P.W.1 enquired accused No.1 about the deceased, for which, accused No.1 and his father uttered as (‘Are we security guards to your son?’).

(iv) On his way back to home, P.W.1 searched for the deceased in two wells, on suspicion, but, in vain. Then, P.Ws.1 and 2 proceeded to the NSP canal, on bike, in search of the deceased; at Siddinapalem, they found an old man washing clothes in the canal; on enquiry, he informed P.Ws.1 and 2 that a dead body was flowing in the can