COMMON JUDGMENT

(Per Hon’ble Sri Justice K.Suresh Reddy)

As all the four Criminal Appeals arise out of the same Sessions Case i.e., Sessions Case No.565 of 2011 on the file of the Court of IV Additional District and Sessions Judge, West Godavari District at Tanuku, they are being disposed of by way of this common judgment.

2. Accused No.4 filed Criminal Appeal No.128 of 2016, Accused No.5 filed Criminal Appeal No.173 of 2016, Accused No.2 filed Criminal Appeal No.210 of 2016 and whereas Accused Nos.1 & 3 filed Criminal Appeal No.213 of 2016. All the five accused were tried and convicted by the learned IV Additional District and Sessions Judge, West Godavari at Tanuku, under two charges. First charge was under Section 120(B) I.P.C. against Accused Nos.1 to 5 and the Second charge was under Section 302 I.P.C. against Accused Nos.1 to 5.

3. Substance of the charge is that A1 and A2, having conspired to do away with the life of one Kadali Ammanna (herein after referred to as the „deceased‟) by administering cyanide into his mouth and on the intervening night of 27/28.12.2009 at about 12.30 am, on receiving information from A1, A2 to A5 reached the house of deceased situated at D.No.13-11-33, Gubbalavari Street, Undrajavaram Road, Tanuku and administered the cyanide into the mouth of the deceased, while he was sleeping and caused the death of the deceased and thereby committed offences punishable under Section 120(B) and 302 I.P.C. After completion of trial, the learned IV Additional District and Sessions Judge, West Godavari at Tanuku, convicted all the five accused under Section 302 r/w 34 I.P.C. and sentenced each of them to undergo imprisonment for „LIFE‟ and also to pay a fine of Rs.1,000/- each, in default to suffer Simple Imprisonment for a period of six months each. Learned IV Additional District and Sessions Judge, West Godavari at Tanuku, further convicted A1 to A5 under Section 120(B) r/w 34 I.P.C. and sentenced each of them to undergo Rigorous Imprisonment for a period of six months and also to pay a fine of Rs.500/- each in default to suffer Simple Imprisonment for a period of three months each. Both substance sentences were directed to run concurrently.

4. Case of the prosecution, as emanated from the evidence of prosecution witnesses, is as follows:

(a) All the accused as well as the material prosecution witnesses are residents of Tanuku. A1 is none other than wife of the deceased. Their marriage was performed about 16 years prior to the date of incident and the couple were blessed with one daughter. A1 was working as a Receptionist in Sri Bhavani Surgical Agency being run by PW.6 at Tanuku for the last seven years. A2 was also working in the same agency. A1 and A2 got acquainted with each other and they developed illegal intimacy. Having noticed the same, the deceased admonished A1, but she did not discontinue her relationship. A3 to A5 are friends of A2.

(b) While so, A1 and A2 hatched a plan to get rid of the deceased and sought for help of A3 to A5. A1 to A5 conspired and decided to eliminate the deceased by administering cyanide. A2 took A3 to A5 to PW.7 and asked him to provide cyanide. Accordingly, PW.7 took them to PW.9 who provided cyanide. On 26.12.2009, A1 contacted A2 over phone and informed him that she will telephone him, after the deceased goes to sleep and asked them to come to the house to administered cyanide to the deceased. While the deceased was in sleep at about 12.30 midnight, A1 made a phone call to A2 and asked him to come along with A3 to A5. Accordingly, and after receiving telephone call, A2 to A5 came to the house of the deceased. It is not out of place to mention that the mother of the deceased was also sleeping in the same house. After entering into the house, A2 and A3 caught hold of the hands of deceased, while A4 caught hold of the legs of the deceased, A1 sat on the deceased and prevented him to escape. A5 administered cyanide pieces into the mouth of the deceased kept in a cloth, as a