Circumstantial evidence must be conclusive, with no gaps in the chain, to establish guilt beyond reasonable doubt, as per Indian law.

JUDGMENT :

K. SREENIVASA REDDY, J :

Accused Nos.1 to 4 in Sessions Case No.137 of 2015 on the file of the V Additional District and Sessions Judge, Tirupati, (hereinafter referred to, as 'the learned Additional Sessions Judge') are the appellants in the present criminal appeal. The learned Additional Sessions Judge tried the accused Nos.1, 3 to 5 for the offences punishable under Sections 302 read with 34 of the INDIAN PENAL CODE , 1860 (for brevity 'IPC') and 201 read with 34 IPC and accused Nos.1 and 2 for the offence punishable under Section 120-B IPC.

2. Vide judgment, dated 20.03.2017, the learned Additional Sessions Judge convicted the accused Nos.1 and 2 of the offence punishable under Section 120-B IPC, and also convicted the accused Nos.1, 3 and 4 of the offence punishable under Section 302 read with 34 IPC and sentenced the accused Nos.1 and 2 to undergo imprisonment for life and to pay a fine of Rs.1,000/- (Rupees One thousand only) each, in default to suffer simple imprisonment for a period of three (03) months each, for the offence punishable under Section 120-B IPC; accused Nos.1, 3 and 4 are sentenced to undergo imprisonment for life and to pay a fine of Rs.1,000/- (Rupees One thousand only) each, in default to undergo simple imprisonment for a period of three (03) months each for the offence punishable under Section 302 read with 34 IPC. Both the substantial sentences, imposed against accused No.1, were directed to run concurrently. The learned Additional Sessions Judge found the accused No.5 not guilty of the offence punishable under Section 302 read with 34 IPC and also accused Nos.1, 3 to 5 not guilty of the offence punishable under Section 201 read with 34 IPC and they were acquitted in terms of Section 235(1) of the Code of Criminal Procedure, 1973 (for brevity 'Cr.PC').

3. The substance of the charges as against the accused Nos.1 to 5 is that between 30.07.2014 at 7.30 p.m., and 31.07.2014 to 6.30 a.m., near A.M. Puthur, beside Srikalahasti-Naidupet Bypass Road, Srikalahasti Town, accused No.2, being the concubine of accused No.1, conspired together to kill one V. Gopi (hereinafter referred to, as 'the deceased'), husband of accused No.2, so as to lead extramarital life with accused No.1 and that, accused No.1 administered pesticide pills in the water bottle and liquor bottle given to the deceased and accused No.5 supplied the pesticide pills on the directions of accused No.1 and accused Nos.1, 3 and 4 hit on the head of the deceased one by one and killed him. In the course of same transaction, accused Nos.1, 3 to 5 screened off the evidence of murder of the deceased and picturized it as suicidal death.

4. Case of the prosecution, briefly, is as follows :

(a) Accused Nos.1 to 5 and all the material prosecution witnesses are residents of Srikalahasti. Accused No.2 is concubine of accused No.1 and accused Nos.3 to 5 are close associates of accused No.1. Accused No.2 was the wife of the deceased.

(b) On 30.07.2014 at about 7.30 p.m., near A.M. Puthur, beside Srikalahati-Naidupet Bypass Road, Srikalahasti Town, the deceased left his house by the red colour motorcycle bearing Registration No.AP03 AY 9047 belonged to one Mani after informing to accused No.2 that he was going out and would return at about 9.00 p.m., for dinner; but the deceased did not return home and found brutally murdered by unknown persons and lying with bleeding injury on the left side of head. It was also found that he was forcibly swallowed some pesticide.

(c) On