The prosecution failed to establish the guilt of the accused beyond reasonable doubt based on circumstantial evidence, leading to their acquittal.

JUDGMENT :

K. Suresh Reddy, J.

1. As all the three (3) Criminal Appeals arise out of the same Sessions Case i.e. S.C. No.229 of 2011 on the file of the Family Court cum-IX Additional District and Sessions Judge, East Godavari District at Rajamahendravaram, they are being disposed of by way of this common judgment.

2. Accused Nos. 1 and 2 filed Criminal Appeal No. 912 of 2016, Accused No. 3 filed Criminal Appeal No. 878 of 2016, Accused Nos. 4 to 7 filed Criminal Appeal No. 880 of 2016 in the above Sessions Case. During pendency of the Criminal Appeal No. 880 of 2016, A5 died, as such the appeal against him is abated.

3. All the seven (7) accused were tried by the learned Additional Sessions Judge under the following charges.

1) First charge was framed for the offence punishable under Section 364 IPC against Accused Nos. 1 to 6.

2) Second charge was framed for the offence punishable under Section 302 IPC against Accused No. 1.

3) Third Charge was framed under Section 302 read with 34 IPC against Accused Nos. 2 to 7.

4) Fourth Charge was framed under Section 302 IPC against Accused Nos. 1 and 2.

5) Fifth Charge was framed under Section 302 read with 34 IPC against Accused Nos. 3 to 7.

6) Sixth Charge was framed under Section 120-B IPC against Accused Nos. 1 to 7.

7) Seventh Charge was framed under Section 201 IPC against Accused Nos. 1 to 6.

8) Eighth Charge was framed under Section 302 r/w 109 IPC against Accused No7.

4. During the course of evidence, the trial Court found that insufficient charges were framed against the accused. Hence, with the consent of prosecution as well as defence, the learned Additional Sessions Judge framed the following additional charges.

1) Ninth charge was framed under Section 148 read with 149 IPC against Accused Nos. 1 to 7

2) Tenth charge was framed under Section 411 IPC against Accused No. 1.

5. Substance of all the charges is that on 22.02.2010 at about 9.15 P.M., Accused Nos. 1 to 6 having conspired, intercepted one Vinnakoti Sitha Rama Kalyan (hereinafter referred to as 'the deceased') abducted him in a Tata Indica Car bearing registration No.AP 09 TV 2294, beat him indiscriminately and strangulated him to death and threw the dead body into shallow valley situated 15 Kilometers away from Maredumilli Village by removing the clothes of the deceased and set fire to his clothes for causing disappearance of the evidence, thereby committed offences punishable under Sections 120-B, 148, 364, 302, 201 read with 34, 149 and 109 IPC.

6. After completion of trial, the learned Additional Sessions Judge, found Accused Nos. 1 and 2 guilty for the offence punishable under Section 302 IPC and sentenced them to undergo Imprisonment for Life and also to pay fine of Rs.5000/- each, in default to undergo Simple Imprisonment for six (6) months.

7. The learned Additional Sessions Judge, further found Accused No. 1, guilty for the offence punishable under Section 411 IPC and sentenced him to undergo Simple Imprisonment for six (6) months and also to pay fine of Rs.1,000/-, in default to undergo Simple Imprisonment for one month.

8. The learned Additional Sessions Judge, further found Accused Nos. 1 to 3 guilty for the offence punishable under Section 201 IPC and sentenced them to undergo Simple Imprisonment for three (3) years and also to pay fine of Rs.1,000/- each, in default to undergo Simple Imprisonment for three months.

9. The learned Additional Sessions Judge, further found Accused Nos. 1 to 7 guilty for the offence punishable under Sections 364 and 120-B IPC and sentenced them to undergo Rigorous Imprisonment for Seven (7) years for each offence and also to pay fine of Rs.1,000/- each, in default to undergo Simple Imprisonment for five (5) months each. The learned Additional Sessions Judge directed all the substantive sentences imposed upon the Accused No. 1 to 3, who are found guilty, shall run concurrently.

10. The learned Additional Sessions Judge, however found Accused Nos. 4 to 7 not guilty for the offence punishable un