The court reiterated that in criminal trials, if two interpretations are possible, the one favoring the accused must be adopted, especially when prosecution evidence is found unreliable.

JUDGMENT :

B.R.Madhusudhan Rao, J.

1. This Memorandum of Criminal Appeal is filed under Section 374 (2) of Criminal Procedure Code, 1973 (for short ‘Cr.P.C.’) assailing the sentence and conviction passed by the learned VIII Additional District and Sessions Judge at Medak in SC No.69 of 2015, dated 21.12.2018, where under the appellants-A1 and A2 were convicted for the offence punishable under Section 302 r/w Section 34 of Indian Penal Code, 1860 (for short ‘IPC’) and sentenced to undergo Imprisonment for Life and to pay fine of Rs.2,000/- each, in default of payment of fine they shall undergo Simple Imprisonment for a period of Six months each.

2.1. The case of the prosecution is that on 08.04.2014 at about 0200 hours, PW.1-B.Laxmi lodged a written complaint stating that on 06.04.2014, at about 8.00 P.M. her husband B.Narsimlu went to the house of G.Laxmi to obtain lease of her land. G.Laxmi has dragged her husband B.Narsimlu into the house and bolted the latches and called Chakali Agamaiah (A1). A1 and his younger brother Chakali Ashok (A2) were having illegal intimacy with G.Laxmi, went there with axes, fortunately he escaped from there. As such, A1 and A2 developed grudge against her husband B.Narsimlu thinking that her husband is also having illegal intimacy with G.Laxmi.

2.2. On 07.04.2014 at about 8.30 P.M. her husband B.Narsimlu went to the house of his brother Kistaiah to ascertain about the quarrel happening with that of his neighbor by name Buchaiah, the issue was pacified and later at 9.30 P.M. her husband B.Narsimlu was returning to the house, when he reached the house of one Vittal Reddy, A1 and A2 assaulted her husband with a sharp weapon like knife and stabbed him on the middle of chest, left side chest, left buttock, she went there and found her husband rolling on ground with bleeding injuries which was witnessed by G.Jailu (PW.3). Immediately, they called 108 Ambulance and while shifting to Government Hospital, Sangareddy, her husband died. Basing on the complaint, PW.9-B.Pramod Kumar registered a case in Crime No.63 of 2014 under Section 302 of IPC and investigated the matter and he handed over the case file to PW.11-Ch.Saidi Reddy. PW.11-Saidi Reddy has received the CD file on 08.04.2014 from PW.9-B.Pramod Kumar, verified the investigation done by him and found to be on proper lines and proceeded with further investigation. On his transfer, he handed over the CD file to LW.23-A.Ram Reddy for further investigation. LW.23-A.Ram Reddy verified the investigation done by PW.9 and PW.11 and found it on proper lines, collected the material papers and filed charge sheet against the appellants herein.

2.3. The learned Judicial Magistrate of First Class, Narsapur has taken cognizance of the case under Section 302 r/w Section 34 of IPC against the appellants-A1 and A2 (herein after referred to as accused), numbered it as PRC No.45 of 2014. On appearance of the appellants-accused, the learned Magistrate furnished copies of the charge sheet and other connected documents under Section 207 of CrPC and committed the matter to the Court of Sessions, Medak at Sangareddy. Court of Sessions, Medak at Sanga Reddy has assigned SC No.69 of 2015 and made over the file to the learned VIII Additional District and Sessions Judge at Medak.

3. The learned trial Court has framed charge under Section 302 of IPC against the accused and proceeded with the trial.

4. Prosecution has examined PWs.1 to 11 and got marked Exs.P1 to P12, MOs.1 to 9. Ex.D1 is marked in the cross-examination of PW.5 by the defence counsel.

5. Accused (appellants herein) were examined under Section 313 Cr.P.C., they denied the incriminating evidence put forth to them and