Admissibility of retracted confession.

Kumarayya, J.-Mr. Luther, the Sub-Inspector of Police of Banganapalle, who was awakened from slumber at his residence near the police-lines by the appealing cry for police help at his window on the mid-night of 17th December, 1955, opened the shutter of the window and directed the party concerned to go to the police station nearby when he received gun-shot wounds from near the window as a result of which he reeled back speechless and succumbed to the wounds within a few moments. The voice that awakened him was unfamiliar and the figure that fired the shot was unnoticed. The C.I.D. Police took up investigation into its hands, and ten persons were arrested and charge-sheeted on 4th January, 1956, for having entered into criminal conspiracy and murdered the deceased. Out of these one Bandi Naganna turned approver on 17th January, 1956 and was examined as P.W. 7. The learned Sessions Judge, Kurnool Division, acquitted accused 5 to 9 of all the charges but convicted accused 1 to 4 for various offences. All the four accused were convicted under section 120-B, Indian Penal Code, and sentenced to five years rigorous imprisonment. A-2 was also convicted under section 302, Indian Penal Code, while A-1 stands "convicted, under section 302 read with section 109, Indian Penal Code. Both of them have been sentenced to death. A-3 and A-4 stand convicted under section 302 read with section 114, Indian Penal Code and sentenced to life-imprisonment. A-4 however, in view of his age and the particular circumstances of the case is recommended to be detained in Borstal School under section 10-A of the Madras Borstal Schools Act for a period of three years or until such period as the Government thinks proper. A-1 is further convicted under section 19 (f)of the Indian Arms Act and sentenced to one year’s rigorous imprisonment. The learned Sessions Judge submitted the proceedings to this Court for confirmation of the death sentence. The accused have come in appeal against the order of convictions and sentences passed against them. Criminal Appeal No. 289 of 1956 is filed by A-1 and A-4 the father and the son whereas appeals 290 and 291 of 1956 have been preferred by A-2 and A-3 respectively. This judgment will govern all these proceedings.

Shortly stated, the prosecution story is that A-1 is the leader of one faction in the village of Enakandla within the jurisdiction of Banganapalle Police Station. P.W. 8 is the leader of the opposite faction in the same village. A-1 had a grouse against the deceased Luther as he not only appeared in favour of the opposite faction but also had definitely adopted an hostile attitude against him. Some of the complaints got filed by his party-men were referred by the deceased as false. Further, it appears that the deceased had suspected that A-1 and A-9 had some hand in the murder or mysterious disappearance of one Gaddamchetty Ramamurthy in connection with which investigation at Nandyala was in progress. Matters came to a head when the deceased actually humiliated A-1 by chastising him in the presence of the opposite party leader. It is said that A-1 started defying the deceased and planned his murder with the help of his party-men. A-2 was his staunch follower and to him was the work of murder mainly entrusted. According to the prosecution story, A-2 sought to enlist the co-operation of A-3 and P.W. 7 the approver. It is said that on 15th December, 1955, A-2 went to Kamalapuram, asked A-3 to accompany him to Yanakandla stating that his brother-in-law was suffering from fever. A-3 took him at his word and followed him. On their way, both of them stopped at Garlandini for a day. The next day, A-2 contacted P.W. 7 and told him that his sister-in-law at Yanakandla was ill and that he should follow him. P.W. 7 readily acceded to his request and the three reached the village of Pasupula where they boarded a bus which reached Banganapalle at 10-5 a.m. on 16th December, 1955. All the three went to A-4’s room and stayed there.

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