The prosecution must prove guilt beyond a reasonable doubt, and unreliable witness testimony cannot sustain a conviction.

JUDGMENT :

K. SURESH REDDY, J.

Accused No.1 in Sessions Case No.11 of 2012 on the file of the Court of II Additional Metropolitan Sessions Judge-cum-IV Additional District and Sessions Judge, Visakhapatnam, is the appellant in the present criminal appeal. He alongwith Accused Nos.2 to 8 were tried by the learned Additional Sessions Judge under two charges i.e., first charge was under Section 120(b) IPC against accused Nos.1 and 2 and the second charge was under Section 302 read with 34 IPC against accused Nos.1 to 8.

2. Substance of the charge is that accused Nos.1 and 2 having conspired together and all the accused attacked one Lingeri Koteswara Rao (hereinafter referred to as "the deceased") at weekly shandy of Maddigaruvu Village at about 2.00 p.m., on 01.07.2010 with an axe and knife and causing his death by hacking on the back side of his neck and thereby committed offences punishable under Sections 120(b) and 302 read with 34 IPC.

3. After completion of trial, the learned Additional Sessions Judge, convicted accused Nos.1 and 2 under Section 302 read with 34 IPC and sentenced each of them to suffer imprisonment for "LIFE" and also to pay a fine of Rs.3,000/- each, in default to suffer simple imprisonment for a period of two (2) months. The learned Additional Sessions Judge acquitted rest of accused i.e., accused Nos.3 to 8.

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

The deceased is none other than husband of accused No.2 and their marriage was performed about fifteen (15) years back and during their wedlock they were blessed with three children. PWs.5 and 9 are the son and daughter of the deceased and accused No.2. PW4 is the sister of the deceased. The deceased and accused No.2 used to quarrel with each other right from the beginning. Owing to quarrel, accused No.2 left the matrimonial home and started living with her parents. Inspite of request by the deceased, accused No.2 did not choose to join the deceased to lead conjugal life. On one occasion, the deceased stabbed accused No.2 with a knife on her stomach. While so, on 01.07.2010, the deceased alongwith PWs.4 and 9 went to weekly shandy at Maddigaruvu Village. At about 2.00 p.m., while the deceased was at weekly shandy, all the accused came there and attacked him. Accused No.1 said to have hacked the deceased with an axe and accused No.2 stabbed him with a knife and all other accused also participated. The deceased fell down on the spot and died instantaneously. Immediately, PWs.4 and 9 went to their home. Having come to know about the incident, PW1-Sarpanch went to the police station at about 6.00 p.m., on the same day and gave a report to the police. PW17-Sub-Inspector of Police, G. Madugula Police Station having received Ex.P1 from PW1, registered a case in Cr.No.35 of 2010 under Section 302 IPC and issued copies of FIRs to all the concerned. Copy of FIR is marked as Ex.P12. On the same day, PW18-Inspector of Police took up investigation and recorded statements of PWs.1 to 3. On 02.07.2010, PW18 brought the deadbody to G. Madugula and held inquest over the dead body at burial ground in the presence of mediators. Inquest report is marked as Ex.P13. On 03.07.2010, he visited the scene of offence and prepared observation report-Ex.P18 and also prepared rough sketch-Ex.P14 at the scene of offence. On 02.07.2010, he recorded statements of PWs.4 and 5. On 03.07.2010 he recorded statements of PWs.6 to 8 and another. On 05.07.2010, PW18 arrested accused No.1 and upon his confession, he seized MOs.1 and 2 under Ex.P15. On 29.07.2010, he arrested accused Nos.2 to 6 and on 04.08.2010 he arrested accus