Extra-judicial confessions are weak evidence and require corroboration; conviction cannot solely rely on such confessions without supporting evidence.

JUDGMENT :

K.Surender, J.

These Criminal Appeals are filed by the appellants/accused Nos.1 to 5, aggrieved by the judgment dated 12.10.2018, in S.C.No.42 of 2016, on the file of the Special Judge for Trial of Cases under SCs/STs (PoA) Act – cum – V Additional District and Sessions Judge, Adilabad (‘trial Court’), whereby the appellants/accused Nos.1 to 5 were convicted for the offences punishable under Sections 147, 148, 365, 302, 201, and 120-B read with Section 149 of the Indian Penal Code (for short ‘ IPC ’).

2. Heard learned counsel for the appellants/accused Nos.1 to 5 and Sri Arun Kumar Dodla, learned Additional Public Prosecutor for respondent-State. Perused the record.

3. Since the appellants in all the appeals are questioning the conviction imposed by the trial Court in S.C.No.42 of 2016, all the appeals are disposed of by way of this common judgment.

4. Sri R.Gopal (hereinafter referred to as ‘the deceased’) and accused No.1 were colleagues in the Office of Deputy Commissioner Prohibition and Excise, Adilabad District. Accused No.1 worked as a steno in the said office and according to the prosecution case, he sold certain material which was in the office and also threatened his colleagues. The deceased joined the Deputy Commissioner’s Office as a Senior Assistant. He filed a representation before the Deputy Commissioner for the cancellation of the deputation of the accused No.1 on the ground of the alleged act of accused No.1 in selling away certain material, which was in the office. On the request made by the deceased, the Deputy Commissioner cancelled the deputation and instructed accused No.1 to hand over the charge to the deceased. Further, on the basis of the information provided by the deceased, the charge memos were also issued to accused No.1 by the Deputy Commissioner. Since the deceased was the reason for the cancellation of deputation of accused No.1 and was also responsible for accused No.1 being issued with charge memo, accused No.1 held a grudge against the deceased and wanted to take the life of the deceased.

5. Further, according to the prosecution case, accused No.1 hatched a plan to kill the deceased with the help of accused No.6 (died during the trial). However, accused No.6’s attempts were futile. Thereafter, accused Nos.1 to 5 met on 28.01.2014 and all of them went to Adilabad in a car. They gathered information about the movements of the deceased and with the help of accused No.6, who kept track of the deceased, accused Nos.1 to 5 kidnapped the deceased on the road near Shivalayam Temple, Ramnagar. He was beaten, pushed into the car, and taken away. In the car, accused Nos.1 and 2 strangulated the deceased with a nylon rope and took him to Metpalli Village. Later they went to a graveyard and found a burning pyre. The burning pyre belonged to the wife of PW.26. The dead body of the deceased was then placed on the pyre, resulting in the body being burnt.

6. PW.1, who is the Assistant Commissioner of Prohibition and Excise, Adilabad Division, filed a complaint, which is marked as Ex.P1, with the police at about 10.00 P.M. on 29.01.2014. In his complaint, PW.1 alleged that the deceased attended the office and after completion of work, he left for home. However, he was informed by some of his staff members that the deceased was kidnapped in a car near Shivalayam Temple at Ramnagar. In the complaint, PW.1 suspected that accused No.1 was the person behind the kidnapping.

7. The Investigating Officer (PW.29) received the complaint and registered the FIR. He went near the Shivalayam at Ramnagar, and conducted the scene of offence panchanama and a rough sketch was also prepared. The call details of the accused persons were also obtained by the Investigating Officer. According to PW.29/Investigating Officer, accused No.1 surrendered himself before him in the Police Station on 13.02.2014 at 02.00 P.M. PW.19, who is a friend of the deceased, also accompanied accused No.1 when he came to the police Station to surrend