The conviction under conspiracy and murder was overturned due to insufficient and unreliable evidence, highlighting the need for beyond reasonable doubt to establish guilt.

JUDGMENT :

K. SURESH REDDY, J.

1. As all the Criminal Appeals arise out of the same Sessions Case i.e., S.C.No.34 of 2014 on the file of the Court of I Additional District and Sessions Judge, Eluru, West Godavari District, they are taken up together and are being disposed of by way of this common judgment.

2. A.1 in S.C.No.34 of 2014 on the file of the Court of the I Additional District and Sessions Judge, West Godavari at Eluru is the appellant in Crl.A.No.2012 of 2018; A.3 and A.5 are the appellants in Crl.A.No.1374 of 2018; A.4 is the appellant in Crl.A.No.995 of 2018; A6 is the appellant in Crl.A.No.1812 of 2018; A.7 is the appellant in Crl.A.No.979 of 2018 and A.8 is the appellant in Crl.A.No.38 of 2021. Even before framing of charges, A.2 died and case against him was abated. A1, A3 to A8 were tried by the learned Additional District and Sessions Judge, under the following charges:

First charge was under Section 120-B read with 149 IPC against A.1 and A.3 to A.8.

Second charge was under Section 341 IPC against A.4.

Third charge was under Section 302 read with 149 IPC against A.1 and A.3 to A.8.

3. Substance of the charge is that, prior to 09.7.2012, all the accused conspired to do away with the life of one Botta Gangadhara Rao (hereinafter referred to as the deceased) and in pursuance of the conspiracy, on the intervening night of 09/10.7.2012, between 11.00 p.m. and 12.00 midnight, A.4 restrained the deceased at Deevanam road, Tilak Nagar, Tangellamudi of Eluru Town and poured chilli powder on his face and they caused the death of the deceased by hitting him with iron rods on his head, thereby they committed offences punishable under Section 120-B read with 149 IPC, 341 and 302 r/w 149 IPC.

4. After completion of trial, the learned I Additional District and Sessions Judge convicted the appellants under Section 120-B read with 149 IPC and sentenced them to undergo simple imprisonment for a period of six (06) months. Learned I Additional District and Sessions Judge convicted A.4 under Section 341 IPC and sentenced him to suffer simple imprisonment for a period of one (01) month. Learned I Additional District and Sessions Judge convicted all the appellants under Section 302 read with 149 IPC and sentenced each one of them to undergo imprisonment for ‘LIFE’ and also to pay a fine of Rs.1,000/- (Rupees one thousand only) each in default to suffer rigorous imprisonment for a period of three (03) months. All the substantive sentences were directed to be run concurrently.

5. Case of the prosecution, as emanated from the evidence of prosecution witnesses, briefly, is as follows:

All the accused are residents of Eluru Town. A.1 and A.2 are own brothers. A.3 and A.4 are relatives of A.1 and A2. A.5 and A.8 are friends of A.1 and A.2. Whereas A.6 is the friend of A.4. A.7 is the co-brother of A.2. All the material prosecution witnesses are residents of Eluru Town. The deceased was also resident of Eluru Town.

i) Earlier, one Chitti Satish who is the brother-in-law of A.1 and A.2, attempted to commit murder of one Barla Krishna who is the maternal uncle of the deceased. In the month of March, 2008, the deceased herein along with others caused the death of said Chitti Satish. The deceased herein was shown as A.2 in the said case. Since then, there was enmity between both groups. As such A.1 and A.2 conspired with A.3 to A.8 to eliminate the deceased as they were responsible for the death of Chitti Satish.

ii) Subsequently, some mediations took place between both the groups with the help of P.W.8 and P.W.9. But the mediations failed. The deceased was attending to Court in Chitti Satish’