JUDGMENT:

(Per Sri Justice A. Hari Haranadha Sarma Introductory:-

[i] This is an appeal filed under Section 372 of Cr.P.C., corresponding to Section 413 of BNSS 2023 directed against the judgment dated 09.07.2018 of III Additional Sessions Judge, Kurnool at Nandyal in Sessions Case No.401 of 2014.

[ii] One I. Jayalakshmi, wife of one Late Serveshwara Reddy (arrayed as 'the deceased No.1'), examined as PW.5, filed the present appeal.

Case of the prosecution:-

2. [i] The deceased No.1/Sarveswara Reddy owned land in the outskirts of Gangavaram Village and he sold the same to (1) one late Chinnareddigari Padmanabha Reddy and (2) late Chennareddigari Harishchandra Reddy for Rs.3,60,000/- and received Rs.25,000/- towards part payment of the sale-price. An agreement of sale was executed in favour of the vendees. Balance sale consideration is agreed to be paid within the stipulated time, and on such payment registered sale deed is to be executed in favour of the purchasers/vendees. Possession of the land was delivered. Though time was lapsed, the sale price was not paid. Appellants No.1 to 4/A1 to A4 are the legal representatives of the original vendees. Neither the sale price was paid nor the land was vacated despite repeated demands of the deceased No.1. Then the deceased No.1 filed a Suit in O.S.No.258 of 2005 before the Court of Junior Civil Judge, Allagadda and the same is pending.

[ii] The accused party has filed a Suit. Thus the enmity was harboring between the accused party and the deceased. Accused No.1 to 4 used to threaten the deceased to leave the land else they will kill him. The deceased No.1 is an advocate. He did not care the words of the accused and the Suit of the deceased No.1 was ripped to a stage of disposal and at that time, the accused intended to eliminate the deceased No.1.

[iii] A1 and A4 discussed with A2 and A3 that, if they want to have the lands, the deceased No.1 should be killed at any cost, and all of them came to a common understanding. A1 and A4 approached A5 and A6, A7 and convinced them to kill the deceased No.1. A8 is the follower of A1, kept to watch the movements of the deceased No.1. The accused noticed the movements of the deceased No.1 that the deceased used to leave every day from the Ayyalur village in his car, by driving himself at 10.00a.m. for attending the Court work at Nandyal and will be back to Ayyalur by 1.00 or 2.00 p.m..

[iv] On 18.03.2013 at about 9.30 a.m., A1 to A11, hatched a plan to kill the deceased/ Sarveswara Reddy, by colliding with his Car No.AP 13 H 1456 with the Mahendra Jeep bearing No.AP 09 H 0414, belonging to one late Padmanabha Reddy. They made arrangements to escape on motor cycles after killing the deceased No.1. A1 took motor cycle, Hero Honda bearing No.AP 21 D 9307 of A8. A2, A4, A8 were in rear seats of Mahendra Jeep and A3 sat in the driver's seat of the jeep and they went to the place of attack. A9 boarded the Zeep at Gangavaram, A10 and A11 joined the other accused on the motor cycle AP 27 K 0736, on receipt of the cell phone call by A1. Further, A1 on reaching Nandyal to Giddalur Road SH 56 saw the deceased Sarveswara Reddy/deceased No.1 going to Nandyal from Ayyalur village by driving himself; A1 informed A5 to A7, to come to the Anjaneyaswamy temple, which is under construction at the outskirts of Ayyalur village on Nandyal road. All the accused/A1 to A11 assembled at Anjaneyaswamy temple in the darkness of secrecy with an intention to kill the deceased No.1. They kept the jeep engine running since there was no self. Accused No.3 took the motor cycle No.AP 21 AJ 3222 TVS star city from Dudekula Dasthagiri /LW.18 [not examined].

[v] Accused were waiting for the deceased No.1. At about12.30 noon, PW.1 –Inja Thrillingeswara Reddy, PW.2-Inja Pranavananda Reddy, PW.3-Inja Surendranadha Reddy came on motor cycle to Ayyalur village and were taking with PW.7-Bhaskar Reddy, and LW.9-Mulla Mahaboob at the welding shop of PW.7, then the deceased came and had a talk with P