Circumstantial evidence, particularly delayed recovery, is insufficient to support convictions for murder and theft without direct linkage to the accused.

JUDGMENT :

K. SURESH REDDY, J.

1. Since all the four (4) Criminal Appeals arise out of the same Sessions Case, i.e., S.C. No.396 of 2014 on the file of the learned X Additional District and Sessions Judge, Gurazala, they were heard together and are being disposed of by this common judgment.

2. Accused No.1 is the appellant in Criminal Appeal No.1953 of 2018, Accused No.2 is the appellant in Criminal Appeal No.266 of 2021, Accused No.3 is the appellant in Criminal Appeal No.2683 of 2018, whereas, Accused No.4 is the appellant in Criminal Appeal No.1807 of 2018, all arising out of the above Sessions Case. Accused Nos.1 to 4/appellants along with Accused No.5, were tried by the learned Additional Sessions Judge under the following charges.

i) First charge was under Section 302 r/w 34 IPC against A1 to A5

ii) Second charge was under Section 379 r/w 34 IPC against A1 to A5.

iii) Third charge was under Section 411 IPC against A2

3. Substance of the charge is that on 20.5.2013 at about 11.30 a.m. all the five accused, in furtherance of their common intention, caused the death of one Billa Mowlali (hereinafter referred to as "the deceased") by hacking him with MO4-Axe and by strangulating him with MO.2-Towel and committed theft of twenty (20) goats, thereby committed offences punishable under Sections 302 r/w 34 IPC , 379 r/w 34 and 411 .

4. After completion of trial, the learned Additional Sessions Judge convicted A1 to A4 under Section 302 r/w 34 IPC and sentenced each of them to undergo imprisonment for Life and also to pay a fine of Rs. 10,000/- each. The learned Sessions Judge, further convicted A1 to A4 under Section 379 r/w 34 and sentenced each of them to undergo Simple Imprisonment for three (3) years and also to pay a fine of Rs.10,000/- each, in default, to undergo simple imprisonment for a period of three (3) months. The learned Sessions Judge, also convicted A2 under Section 411 and sentenced him to undergo Simple Imprisonment for three (3) years and also to pay a fine of Rs. 10,000/-, in default, to undergo simple imprisonment for three (3) months All the substantive sentences were directed to run concurrently. The learned Additional Sessions Judge acquitted A5 of both the charges.

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

P.W.1 is father of the deceased, and P.W.2 is son-in-law of P.W.1. Both of them are residents of Janapadu Village, Piduguralla Mandal, Guntur District. P.W.1 was eking out his livelihood by grazing goats and was maintaining a flock of about 80 goats. P.W.1 and the deceased used to go to the forest area for grazing the goats. As usual, on 13.07.2011, P.W.1 along with the deceased went to Madigolla Gutta in Kunta Beedu forest area, situated on the eastern side of Janapadu Village. After spending some time there, P.W.1 returned to the village, leaving the deceased in the forest along with the goats. However, the deceased did not return home till 5.00 p.m. Thereafter, P.W.1 went back to the forest area and found a part of the goat flock, but the deceased was missing. P.W.1 then drove the goats to his house and informed his relatives about the missing of the deceased. Thereafter, P.Ws.1 to 3 made a search for the deceased. P.W.1 also noticed that twenty (20) goats were missing.

(ii) While so, on 15.07.2013 at about 11.00 a.m., P.W.4 found the dead body of the deceased at Madigolla Gutta in Kunta Beedu forest area, situated on the eastern side of Janapadu Village. On receipt of the said information through P.W.4, P.W.1, along with his relatives,