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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
U.Durga Prasad Rao, Gannamaneni Ramakrishna Prasad, JJ.
The State Of Andhra Pradesh - Petitioner
Versus
Mohammad Abdul Sammad Munna and Others - Respondents
RT No.2/2021 and Crl.A.Nos.147, 148, 157, 163, 164, 168, 169, 193, 232, 249, 281 & 355 of 2021
Decided On : 10-05-2024
JUDGMENT :
U. Durga Prasad Rao, J.
The Referred Trials 2, 3 & 4/2021 wherein judgments are pronounced today, present chilling facts of diabolical and grotesque manner of killing the trailer drivers and cleaners by the ruthless gang of dacoits while they were transporting iron load on the highway between Ongole-Nellore Districts in Andhra Pradesh.
In S.C.No.73/2010, learned VIII Additional District & Sessions Judge, Ongole in his judgment dated 18.05.2021 convicted A1 to A17 for different offences and sentenced them with different punishments as narrated in the following table. Since among them, A1 to A11 and A15 are awarded death punishment for the offences under Section 396 IPC under two counts, learned Judge submitted the entire case proceedings along with his judgment to this High Court under Section 366 Cr.P.C. for confirmation of death sentence and the Registry has registered the said referred proceedings as a Referred Trial No.2/2021 and listed before us. That apart, challenging the conviction and sentence, the accused have also preferred different Criminal Appeals as mentioned in the table below and those criminal appeals are also listed before us.
| Accused No. | Name of Accused/ Resident of | Charges Framed by the Trial Court | Convicted and punished for the offences | Referred Trial (RT No.) | Criminal Appeal filed by accused |
| (1) | (2) | (3) | (4) | (5) | (6) |
| A1 | Mohammad Abdul Sammad @ Munna Ongole | i. 396 r/w 120B of IPC;
ii. 396 IPC;
iii. 201 IPC
iv. 400 IPC;
| i. Imprisonment for life for the offence U/s 396 r/w 120B IPC
ii. DEATH Punishment for the offence U/s 396 IPC UNDER TWO COUNTS
iii. RI for 7 years and fine of Rs. 5,000/- IDSI 3 months for the offence U/s 201 IPC
iv. Imprisonment for life for the offence U/s 400 IPC | RT- 2/2021 | Crl. A. No. 164/ 21 |
| A2 | Shaik Riyaz, Ongole | i. 396 r/w 120B of IPC;
ii. 396 IPC;
iii. 201 IPC iv. 400 IPC;
| i. Imprisonment for life for the offence U/s 396 r/w 120B IPC
ii. DEATH Punishment for the offence U/s 396 IPC UNDER TWO COUNTS
iii. RI for 7 years and fine of Rs. 5,000/- IDSI 3 months for the offence U/s 201 IPC
iv. Imprisonment for life for the offence U/s 400 IPC | -do- | Crl. A. No. 193/ 21 |
| A3 | Syed Hidayatulla @ Babu Donakonda | i. 396 r/w 120B of IPC;
ii. 396 IPC;
iii. 201 IPC iv. 400 IPC;
| i. Imprisonment for life for the offence U/s 396 r/w 120B IPC
ii. DEATH Punishment for the offence U/s 396 IPC UNDER TWO COUNTS
iii. RI for 7 years and fine of Rs. 5,000/- IDSI 3 months for the offence U/s 201 IPC
iv. Imprisonment for life for the offence U/s 400 IPC | -do- | Crl. A. No. 281/ 21 |
| A4 | Mohammad Jamaluddin @ Jamal Bengalore | i. 396 r/w 120B of IPC;
ii. 396 IPC;
iii. 201 IPC iv. 400 IPC;
v. 402
vi. 414 IPC;
| i. Imprisonment for life for the offence U/s 396 r/w 120B IPC
ii. DEATH Punishment for the offence U/s 396 IPC UNDER TWO COUNTS
iii. RI for 7 years and fine of Rs. 5,000/- IDSI 3 months for the offence U/s 201 IPC
iii. Imprisonment for life for the offence U/s 400 IPC
iv. RI for 7 years and fine of Rs. 5,000/- IDSI 3 months
vi. RI for 3 years for the offence U/s 414 IPC | -do- | Crl. A. No. 169/ 21 |
| A5 | Bathula Salmon Inamanamellur Village | i. 396 r/w 120B of IPC;
ii. 396 IPC;
iii. 201 IPC
iv. 400 IPC;
| i. Imprisonment for life for the offence U/s 396 r/w 120B IPC
ii. DEATH Punishment for the offence U/s 396 IPC UNDER TWO COUNTS
iii. RI for 7 years and fine of Rs. 5,000/- IDSI 3 months for the offence | ||
The court confirmed death sentences for multiple accused involved in a brutal highway dacoity resulting in murder, emphasizing the need for severe punishment in heinous crimes.
In cases involving murder during robbery, the court established criminal conspiracy and affirmed death sentences for the heinousness of the offences while highlighting the importance of both aggravat....
The court confirmed death sentences for organized dacoity and murder, emphasizing the collective impact and aggravating factors while allowing commutation for specific accused based on mitigating cir....
The prosecution established guilt through circumstantial evidence, proving motive and last seen theory, essential for murder convictions under the Indian Penal Code.
It is well settled proposition of law that the evidence of hostile witnesses need not be ignored in total and it can be relied on to the extent to which the witnesses have spoken about incriminating ....
(1) Minor contradictions do not go to root of matter and destroy whole prosecution which is firmly made out against accused.(2) Protection guaranteed under Article 20(3) of Constitution of India does....
The prosecution failed to establish the guilt of the accused beyond reasonable doubt based on circumstantial evidence, leading to their acquittal.
The judgment emphasizes the need for a complete chain of evidence and the inadmissibility of unreliable witness testimony and confession in establishing guilt beyond reasonable doubt based on circums....
The prosecution must prove guilt beyond reasonable doubt in dacoity cases, and minor discrepancies in witness testimonies do not invalidate the conviction if the overall evidence is credible.
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