The prosecution must prove guilt beyond reasonable doubt; mere suspicion is insufficient for conviction.

JUDGMENT :

K.Suresh Reddy, J.

All the three accused in Sessions Case No.346 of 2012 on the file of the Court of I Additional District and Sessions Judge, Chittoor, are the appellants. They were tried by the learned Additional Sessions Judge under the following charges :-

1^st charge was under Section 364 IPC against A.1 to A.3, 2^nd charge was under Section 302 IPC against A.1 to A.3, the 3^rd charge was under Section 201 against A.1 to A.3, 4^th charge was under Section 379 IPC against A.1 to A.3 and the last charge was under Section 404 read with 34 IPC against A.1 to A.3.

2. Substance of the charge is that on 12.12.2011 at about 9.00 a.m. all the accused abducted one C.Gowtham Chand (hereinafter referred to as 'the deceased'), and demanded gold and cash and on the same day at about 7.30 P.M. they strangulated him to death with a coconut rope and took three sovereign of gold chain and gold ornaments from the body of the deceased, caused his death and thereafter poured kerosene on the dead body and set fire to it at Rakshasi gutta forest near Jonnagurukala village in order to screen away the evidence and thereby committed offences punishable under Sections 302, 364, 201, 404 read with 34 IPC.

3. After completion of trial, the learned Additional Sessions Judge, convicted all the three accused under Section 302 read with 34 IPC and sentenced them to suffer imprisonment for 'LIFE' and also to pay a fine of Rs.5000/- each, in default to suffer simple imprisonment for a period of six months. They were further convicted under Section 364 read with 34 IPC and were sentenced to suffer simple Imprisonment for a period of five years and also to pay a fine of Rs.3000/- each, in default to suffer simple imprisonment for a period of six months. They were further convicted under Section 201 read with 34 IPC and were sentenced to suffer simple Imprisonment for a period of five years and also to pay a fine of Rs.3000/- each, in default to suffer simple imprisonment for a period of six months. They were further convicted under Section 404 read with 34 IPC and were sentenced to suffer simple Imprisonment for a period of three years and also to pay a fine of Rs.3000/- each, in default to suffer simple imprisonment for a period of three months. All the substantive sentences imposed against the accused No.1 to 3 were directed to run concurrently.

4. Case of the prosecution, as per the evidence of the prosecution witnesses, is as follows:-

The deceased is a resident of Chittoor and he is doing jewellery business under the name and style of “Gowtham Jewellery” Shop at Bazar street. P.Ws.1 and 5 are the sons of the deceased, P.Ws.2 and 3 are the adjacent gold shop owners. A.1 and his family members were regular customers of the deceased. A.1 purchased a gold chain in the shop of the deceased and paid some amount and he was due an amount of Rs.4,500/- to the deceased. A.1 used to postpone to pay the same on one pretext or the other. While so, on 12.12.2011 A.1 telephoned to the deceased asking him to come to Vijayalakshi theatre centre, Gandhi road to collect the said amount. Immediately, the deceased, who was at his residence, left on his Suzuki Access two wheeler to collect the amount. On the same day, at about 1.00 P.M., P.W.1 received a phone call from his father i.e., the deceased informing that A.2 will visit the shop and advised him to give three sovereign of gold chain weighing 24 grams. At about 2.00 P.M., A.2 visited the shop of the deceased on the two wheeler belonging to the deceased and collected the chain. P.W.1 used the cell phone of P.W.2 for confirming the transaction in the presence of A.2. Thereafter, the deceased did not return either to his shop or to his residence. P.W.1 searched for the deceased throughout the day, but could not trace him. On 13.12.2011 at about 7.30 P.M., P.W.1 went to the police station and gave report-Ex.P1. P.W.15 Sub Inspector of police received Ex.P1 from P.W.1 and registered a case in Crime No.153 of 2011 under the