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 aggravating and mitigating circumstances in sentencing.

Headnote:(A) Indian Penal Code, 1860 - Sections 120B, 396, 400, 201, 412, 402, and 414 - Dacoity and murder - Accused convicted for killing trailer drivers during highway robbery - Death sentences of A1 to A9 confirmed for two counts of murder under Section 396 IPC - Conviction supported by circumstantial evidence and confessional statements - Mitigating circumstances considered insufficient to overturn death penalty. (Paras 1, 16, 25, 26)

(B) Criminal Conspiracy - Definition and components - Evidence of conspiratorial agreement and execution of plan leading to dacoity confirmed - Offensive acts against society establish nature as rarest of rare - Criminal conspiracy proven by circumstances and conduct of accused leading to the crimes collectively perpetrated. (Paras 12-15, 17)

Facts of the case:
Accused were involved in a series of highway dacoities where trailer drivers were murdered during robberies; previous criminal history of gang established a pattern of behavior. Investigations revealed confessions from the gang members indicating premeditated planning. (Paras 2, 3, 4, 5)

Findings of Court:
The court confirmed the execution of death sentences by establishing that the evidence presented formed a comprehensive chain linking the accused to the offences, paving the way for a guilty verdict, particularly emphasizing the brutal and heinous nature of their crimes. (Paras 25, 26)

Issues: Whether the prosecution established a criminal conspiracy and whether the imposition of the death sentence was warranted based on the evidence submitted. (Paras 22, 23)

Ratio Decidendi: The court ruled that the prosecution had met the burden of proof to establish complicity in a criminal conspiracy and that the nature of crimes warranted the death penalty, reaffirming the principles governing sentencing in cases of homicide and robbery. (Paras 16, 17, 18)

Result: Death sentences of A1 to A9 confirmed; A5, A10, A11, and A15 acquitted; other sentences upheld. (Result summary)

Table of Content
1. overview of the criminal case and the accused. (Para 1 , 2 , 3)
2. outlining the prosecution's case and the timeline of events. (Para 4 , 5)
3. details of arrests, confessions, and recoveries. (Para 6 , 7)
4. examination of evidence supporting the prosecution's claims. (Para 8 , 9)
5. court's assessment of evidence and established elements of conspiracy. (Para 10 , 11)
6. discussion on the nature of the crime and culpability. (Para 12 , 13)
7. consideration of mitigating and aggravating circumstances in sentencing. (Para 14 , 15)
8. judgment on the appropriateness of the death penalty. (Para 16 , 17)
9. the preservation of human life versus societal safety is a key judicial consideration. (Para 18)
10. final rulings on appeals and confirmation of sentences. (Para 24)

JUDGMENT :

U. DURGA PRASAD RAO, J.

(I) 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. 91/2010, 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 A9 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. 3/2021 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.

TABLE

Accused No.	Name of Accused/Resident of	Charges Framed by the Trial Court	Convicted and punished for the offences	Referred Trial (RT No. 3)	Criminal Appeal filed by accused
A1	Mohammad Abdul Sammad @ Munna Ongole	(i) 396 r/w 120B of IPC	(i) Imprisonment for life for the offence U/s 396 r/w 120B IPC	RT-3/2021	Crl. Appeal No. 166/21
		(ii) 396 IPC	(ii) DEATH Punishment for the offence U/s 396 IPC UNDER TWO COUNTS
		(iii) 400 IPC	(iii) Imprisonment for life for the offence U/s 400 IPC
		(iv) 201 IPC	(iv) RI for 7 years and fine of Rs.5,000/- IDSI 3 months for the offence U/s 201 IPC
A2	Bathala Salmon Inamanamellur Village	(i) 396 r/w 120B of IPC	(i) Imprisonment for life for the offence U/s 396 r/w 120B IPC	-do-	Crl. Appeal No. 162/21
		(ii) 396 IPC	(ii) DEATH Punishment for the offence U/s 396 IPC UNDER TWO COUNTS
		(iii) 400 IPC	(iii) Imprisonment for life for the offence U/s 400 IPC
		(iv) 201 IPC	(iv) RI for 7 years and fine of Rs.5,000/- IDSI 3 months for the offence U/s 201 IPC
A3	Yepuri Chinna Veeraswamy Reddypalem Village	(i) 396 r/w 120B of IPC	(i) Imprisonment for life for the offence U/s 396 r/w 120B IPC	-do-	Crl. Appeal No. 184/21
		(ii) 396 IPC	(ii) DEATH Punishment for the offence U/s 396 IPC UNDER TWO COUNTS
		(iii) 400 IPC	(iii) Imprisonment for life for the offence U/s 400 IPC
		(iv) 201 IPC	(iv) RI for 7 years and fine of Rs.5,000/- IDSI 3 months for the offence U/s 201 IPC
A4	Mohammad Jamaluddin @ Jamal Bengalore	(i) 396 r/w 120B of IPC	(i) Imprisonment for life for the offence U/s 396 r/w 120B IPC	-do-	Crl. Appeal No. 184/21
		(ii) 396 IPC	(ii) DEATH Punishment for the offence U/s 396 IPC UNDER TWO COUNTS
		(iii) 400 IPC	(iii) Imprisonment for life for the offence U/s 400 IPC
		(iv) 201 IPC	(iv) RI for 7 years and fine of Rs.5,000/- IDSI 3 months for the offence U/s 201 IPC
		(v) 412 IPC	(v) Imprisonment for life for the offence U/s 412 IPC
		(vi) 402 IPC	(vi) RI for 7 years