Circumstantial evidence must form a complete and unbroken chain to establish guilt beyond reasonable doubt, and extra-judicial confessions can support a conviction if corroborated by other evidence.

(Per Hon’ble Sri Justice B.V.L.N.Chakravarthi) 1. Heard Sri K.Chidambaram, learned Senior Counsel for appellants and Sri Y.Nagi Reddy, learned Public Prosecutor. 2. The appellants are the Accused No.1 and 2 in Sessions Case No.390 of 2013 on the file of learned IV Additional District and Sessions Judge, West Godavari at Tanuku.

3. The appellants/A-1 and A-2 were tried for the offence U/s.302 r/w.34 IPC and 380 r/w.511 IPC, for causing the death of Atmakuri Srinivasulu @ Venkata Rao (hereinafter referred to as deceased), who was working as Security Guard, ATM Center, Axis Bank, Pydiparru, Tanuku, and attempt to commit theft of cash from the ATM Machine located in the ATM Center on 10.03.2012 at about 10.30 p.m.

4. The learned IV Additional District &Sessions Judge, West Godavari, at Tanuku, vide Judgment dated 15.03.2016, convicted the appellants/A-1 and A-2 for the offence U/s.302, 380 r/w.511 IPC and sentenced them to undergo life imprisonment, and to pay a fine of Rs.1,000/- each for the offence U/s.302 IPC, in default of payment of fine, to undergo simple imprisonment for a period of six (06) months each. They were further sentenced to undergo rigorous imprisonment for a period of three years and six months each and to pay a fine of Rs.500/- each for the offence U/s.380 r/w.511 IPC, in default of payment of fine, to undergo simple imprisonment for a period of three (03) months each.

5. Challenging the said conviction and sentence, the present appeal came to be filed.

6. The case of the prosecution in brief is as follows: (i) The deceased was working as Security Guard in Axis Bank, Tanuku. A-1, A-2 and another person (juvenile in conflict with law) were in financial problems; they hatched a plan to commit theft of cash from ATM Machine available in ATM Center, Axis Bank, Pydiparru Branch, Tanuku; in furtherance of their common intention, they procured hammer, knives and other material; the deceased was on duty as night guard at the ATM Center; the accused went to the back side of the ATM Center and made sounds; the deceased on hearing the sounds, went to the back side; he focused the torch light to find out the persons present there; A-1 attacked the deceased with a knife and hacked him indiscriminately; A-2 and juvenile in conflict with law caught hold the deceased; A-2 sustained injury to his right hand when A-1 was hacking the deceased; the deceased fell on the generator and died on the spot; the accused entered into the ATM room, switched of the lights and they tried to open the locker of the ATM machine; they hit the handle with hammer, but they could not open the locker of the ATM machine; therefore, they fled away.

(ii) On 11.03.2012P.W-1 Manager, Axis Bank, Pydiparru Branch, Tanuku, presented Ex.P-1 report. Sub Inspector of Police, Tanuku Rural Police Station (P.W-19) registered the same as a case in Cr.No.36/2012 and submitted original FIR (Ex.P-14) to the Judicial Magistrate of the First Class, Tanuku, and copies to all concerned.

(iii) Inspector of Police, Tanuku Town (P.W-22) on receipt of copy of FIR conducted investigation. Inspector of Police, Clues Team (P.W-21) visited the scene of offence on 11.03.2012, collected chance finger prints available at the scene of offence; later compared the chance prints with the finger prints of the accused.

(iv) Inspector of Police (P.W-22) visited scene of offence, observed the same in the presence of mediators; seized the handle of ATM machine available at the scene of offence; also seized blood stained earth, controlled earth, pair of chappals, shirt button, blood stained cloth pieces; later conducted inquest over body of the deceased in the presence of P.W-14 and another; during inquest, examined P.Ws-1 to 3, P.W-6 and recorded their statements; the body of deceased was shifted to hospital for autopsy.

(v) Civil Assistant Surgeon, Ares Hospital, Tanuku (P.W-18) conducted autopsy over body of the deceased on 11.03.2012 at 04.30 p.m. and issued Ex.P-12 post mortem report,