IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI TUESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX SPECIAL DIVISION BENCH PRESENT HONOURABLE SRI JUSTICE K. SURESH REDDY AND HONOURABLE SRI JUSTICE A.HARI HARANADHA SARMA CRIMINAL APPEAL No.2435 of 2018 JUDGMENT: (Per Justice K. Suresh Reddy Both the accused in S.C.No.150 of 2017 on the file of the Court of II Additional District and Sessions Judge, Hindupur, are the appellants. They were tried by the learned Additional Sessions Judge, Hindupur under the following two (2) charges.

(i) The first charge was under Section 302 IPC against A1 and A2 and (ii) The second charge was under Section 201 IPC against A1 and A2.

2. Substance of the charge is that on 16.09.2016 at about 8.30 p.m., at the sand heap stored in the land bearing Survey No.369-7 belonging to A. Lingamma, situated near Yelakalagutta behind Chinnampalli High School of Puttaparthi Town, A.1 picked up a quarrel with his brother Tulasi Thakur (hereinafter referred to as “the deceased”), and threw him on the ground, while A.2 caught hold of the hands and legs of the deceased, A.1 cut the throat of the deceased with a knife and A.2 beat the deceased on his left and right side of the chest with a stone, thereby caused his death, and in the same process both the accused buried the dead body under the sand heap to screen the evidence, thereby committed offences punishable under Sections

302 and 201 Indian Penal Code.

3. After completion of trial, the learned Additional Sessions Judge convicted both the accused under Section 302 r/w 34 IPC and sentenced each of them to undergo Imprisonment for “LIFE” and also to pay a fine of Rs.1,000/- each, in default to undergo Simple Imprisonment for a period of one year each. The learned Additional Sessions Judge further convicted both the accused under Section 201 r/w 34 IPC and sentenced each of them to undergo Simple Imprisonment for three (3) years and also to pay a fine of Rs.500/- each, in default to undergo Simple Imprisonment for a period of six (6) months each. Both the substantive sentences were directed to run concurrently.

4. Case of the prosecution, briefly, is as follows:

A.1 and A.2 are residents of the State of Jharkhand. The deceased was also resident of the same State and he was none other than the brother of A.1. A.2 is a close relative of A.1 and the deceased. P.W.13 is the brother of A.1 and the deceased. Both the accused and the deceased had come down to Puttaparthi from their native village for their livelihood to work in Handri Neeva Canal Project. They were working as proclainer operators. P.W.4 is a contractor executing civil contract works in Handri Neeva Canal Project at Puttaparthi, and both the accused and the deceased were working under him. P.Ws.9 and 10 are the supervisors of the said contract work. There were ill- feelings between A.1 and the deceased with regard to sharing of the property in their native village.

(ii) While so, on 16.9.2026, A1 and A2 took the deceased along with them as per their plan and all the three went to the scene of offence. At that juncture, A1 picked up a quarrel with the deceased and threw him on the ground, as a result the deceased fell down. Then A2 caught hold of the legs of the deceased and A1 cut the throat of the deceased with a knife. A2 also beat the deceased with a boulder on the left and right side of his chest. Then both the accused buried the dead body under the sand heap in order to screen the evidence. Thereafter A1 and A2 approached P.W.4, collected their arrears of salary, and left Puttaparthi.

(iii) While so, on 25.09.2016, P.W.2 noticed a gathering at the scene of offence and, on reaching the spot, found the dead body of a male person. Immediately, he went to the Village Revenue Officer, Puttaparthi- P.W.1, and informed him about the same. Then, P.W.1 proceeded to the Police Station and lodged a report- Ex.P1. On the same day, at about 4.00 p.m., the then Sub-Inspector of Police, Puttaparthi, re