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2024 Supreme(AP) 993
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
U.Durga Prasad Rao, Gannamaneni Ramakrishna Prasad, JJ.
State of Andhra Pradesh - Petitioner
Versus
Mohammad Abdul Sammad Munna and Others - Respondents
RT No.4/2021 and Crl.A.Nos.160, 161, 165, 167, 170, 198, 212, 251, 258 and 353 of 2021
Decided On : 10-05-2024
Important Points
Subject
Criminal Law - Murder and Dacoity
Act Referred
CRIMINAL RULES OF PRACTICE AND CIRCULAR ORDER: R.34, R.35
EVIDENCE ACT: S.27, S.3, S.32(3)
INDIAN PENAL CODE: S.120(a), S.120(b), S.302, S.34, S.366, S.396, S.406, S.412
Headnote
(B) Criminal Conspiracy - Agreed illegal act among accused - Evidence demonstrated a planned conspiracy conducted in secrecy - Direct evidence often unavailable; circumstantial evidence sufficient - Inferences drawn from acts before, during, and after the crimes are valid. (Paras 12, 13)
(C) Procedure on death penalty - Court must provide 'special reasons' when imposing death sentences - Need to balance aggravating and mitigating circumstances emphasized - Youth of accused taken into account, leading to commutation of sentences for some. (Para 29)
(D) Burden of proof - Nature of circumstantial evidence discussed - All links must form a complete chain leading to the accused - implications established. (Paras 18 - 19)
| Table of Content |
|---|
| 1. circumstantial evidence strongly establishes the conspiracy behind dacoity. (Para 1 , 3) |
| 2. the court weighed mitigating circumstances against the crime's severity and consequence. (Para 9 , 10) |
| 3. the judgment underscores the necessity for death sentences in extreme cases of brutality. (Para 15 , 19) |
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.595/2010, learned VIII Additional District & Sessions Judge, Ongole in his judgment dated 18.05.2021 convicted A1 to A15 for different offences and sentenced them with different punishments as narrated in the following table. Since among them, A1 to A10 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.4/2021 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.400 IPC;
iv.201 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. Imprisonment for life for the offence U/s 400 IPC
iv. RI for 7 years and fine of Rs.5,000/- IDSI 3 months for the offence U/s 201 IPC | RT- 4/2021 | Crl.A.No.161/ 21 |
| A2 | Shaik Riyaz, Ongole | i.396 r/w 120B of IPC;
ii.396 IPC;
iii.400 IPC;
iv.201 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. Imprisonment for life for the offence U/s 400 IPC
iv.RI for 7 years and fine of Rs.5,000/- IDSI 3 months for the offence U/s 201 IPC | -do- | Crl.A.No.198/ 21 |
| A3 | Syed Hidayatulla @ Babu Donakonda | i.396 r/w 120B of IPC;
ii.396 IPC;
iii.400 IPC;
iv.201 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. Imprisonment for life for the offence U/s 400 IPC
iv. RI for 7 years and fine of Rs.5,000/- IDSI 3 months for the offence U/s 201 IPC | -do- | Crl.A.No.258/ 21 |
| A4 | Mohammad Jamaluddin @ Jamal Bengalore | i.396 r/w 120B of IPC;
ii.396 IPC;
iii.400 IPC;
iv.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. Imprisonment for life for the offence U/s 400 IPC
iv. RI for 3 years for the offence U/s 414 IPC | -do- | Crl.A.No.160/ 21 |
| A5 | Bathala Salmon Inamanamellur Village | i.396 r/w 120B of IPC;
ii.396 IPC;
iii.400 IPC;
iv.201 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. Imprisonment for life for the offence U/s 400 IPC
iv.RI for 7 years and fine of Rs.5,000/- IDSI 3 months for the offence U/s 201 IPC | -do- | Crl.A.No.170/ 21 |
| A6 | Yepuri Chinna Veeraswamy Reddypalem Village | i. 396 r/w 120B of IPC;
ii. 396 IPC;
iii. 400 IPC;
iv. 201 IPC | i. Imprisonment for life for the offence U/s 3 | ||
