IMPORTANT POINTS
(1) Murder – Suspicion however may be strong cannot take place of proof – There is not only a grammatical but a legal distinction between ‘may be proved’ and ‘must be or should be proved’.
(2) Criminal conspiracy – Core of conspiracy is meeting of minds for an unlawful purpose – It requires some physical manifestation of that agreement.

JUDGMENT

B.R. Madhusudhan Rao, J.—This Memorandum of Criminal Appeal is filed under Section 378(3) & (1) of the Criminal Procedure Code, 1973 (for short ‘Cr.P.C.’) against the acquittal of A4, A5 and A15 to A19 in SC No.359 of 2006 dated 10.08.2017 passed by the learned Additional Metropolitan Sessions Judge for trial of Communal Offence Cases Cum VII Additional Metropolitan Sessions Judge at Hyderabad.

2. Appellant is the complainant and respondents No.1 to 7 are A4, A5, A15 to A19 in SC No.359 of 2006.

3. Respondent No.6 – A18 failed to appear inspite of service of notice in the Appeal. We have appointed Sri R.Prashanth, learned counsel as Amicus Curiae for A18.

4.1. The case of the prosecution is as under:

On 12.10.2005, PW.1 – M.Venkata Rao was on sentry/guard duty at City Task Force Office, Begumpet from 1900 hours to 2200. PW.2 - Vivekananda has performed the sentry duty from 1600 hours to 1900 hours. Deceased No.1 – Satyanarayana (Home Guard) (herein after will be referred to as D1) was present at the office. LW.2 – P.Hari Krishna was attending his duties in the control room of Task Force office from 1400 hours to 2000 hours. At about 1930 hours, PW.1 felt thirsty and went near the water cooler located at the corner of the eastern side of the Task Force office, when he was drinking water, he noticed Dalin @ Mohtasim Billal @ Mornin who was medium built, clad in jeans pant, light black colour shirt with light blue colour bag on his back. He immediately rushed into the office building, within no time there was a blast sound and huge smoke prevailed all over the Task Force office. PW.1 received simple injuries over his face and collar bone and after few minutes when smoke cleared off, PW.1 could see D1 found lying dead in front of the office. Most of the building parts shattered and blown off. He also found truncated head of Dalin @ Mohtasim Billal @ Mornin (herein after referred to as D2) in the debris. LW.2 – P.Hari Krishna and PW.2 who were present in the premises of the said Task Force office were unhurt. PW.39 – V.Raja Rao and PW.50 - R.Gopala Raju arrived to the scene of offence. PW.1 was shifted to Hospital. PW.39 recorded the statement of PW.1 and registered a case in Crime No.1037 of 2005 under Sections 302, 307, 120(b) of the Indian Penal Code, 1860 (for short ‘IPC’) and Sections 3 and 5 of Explosive Substances Act.

4.2. LW.80 – B.V.S. Naidu took up the investigation in the case, secured the presence of panch witnesses and clues team, FSL experts i.e., LW.68-U.Ram Mohan Rao and PW.54 – T.Suresh. PW.50 drafted the scene of offence panchanama in the presence of the mediators on 12.10.2005 at 2145 hours and seized the blood stained earth, controlled earth, watch which was indicating the time as 1930 hours, wearing clothes of D1. PW.50 again conducted panchanama of the scene of offence on 13.10.2005 at 0630 hours and seized materials like pieces of wire, metal, piece of black colour bag, a pair of brown leather slipper with mark of T-200=00 and a torn piece of paper containing Urdu words written in English with provocative words, he has also drawn the rough sketch of the scene of offence. PW.50 conducted inquest over the dead body of the D1 and sent it for PME. PW.29 – Dr.Karunakar conducted autopsy over the dead body of D1 and opined that the cause of death was due to multiple punctured wounds. PW.50 gathered all multilated parts of the dead body of D2 and conducted inquest and and sent them for autopsy. PW.28 – Dr.Mohamed. Taqiuddin Khan conducted spot autopsy and opined that the cause of death of D2 was due to blast injuries and the parts belong to a single individual.

4.3. A4 – Mohd Abdul Kaleem @ Arshad Khan met his friend LW.28 – Mohd. Feroz Khan with whom he earlier requested to give shelter to A3 (D2) and informed him about the blasting of City Task Force office and experiences of his training and the activities of A1 – Gulam Yazdani @ Naveed @ Yahya @ Abdullah, A2 – Mohd Abdul Shahed @ Billal and other accused at