JUDGMENT:

(Per the Hon’ble Sri Justice Sambasivarao Naidu)

The appellants herein are accused Nos.1,2 and 4 in S.C.No.327 of 2012 on the file of V Additional District and Sessions Judge (Fast track Court), Ranga Reddy District. Assailing the Judgment dated 23.06.2014, whereunder the trial Court found them guilty for the offences under Section 302, 380 and 201 r/w 34 Indian Penal Code (for short ‘IPC’) while convicting them under Section 235(2) Cr.P.C., sentenced them under the above said penal provisions, the appellants have filed this Criminal Appeal under Section

374 (2) Cr.P.C.

2. As could be seen from the impugned Judgment, the trial Court sentenced the appellants herein to suffer imprisonment for life and to pay a fine of Rs.100/- with default stipulation for the offence under Section 302 r/w

34 IPC with further sentence of rigorous imprisonment for six (6) months along with fine of Rs.100/- each for the offence under Section 380 r/w 34 IPC and also convicted them with one month simple imprisonment for the offense under Section 201 r/w 34 IPC.

3. As per the allegations made in the charge sheet that was filed against the appellants, these accused along with one D.Kumar Goud who was shown as accused No.3 in the charge sheet and against whom the case was separated because he was juvenile, used to attend work in La Gardenia Apartment, Pragathi Enclave, Miyapur, where one Anand Mole who was examined as PW1 was residing with his family. The prosecution has alleged that the accused have noticed that the family of PW1 was having gold and net cash and PW1 was leaving the flat at 08:30 a.m., for attending his office duties, and as his wife Smt.Nishita Mole (hereinafter be referred as deceased No.1) was alone at the flat, they hatched a plan to commit theft in the said flat. It is also alleged by the prosecution that on 31.01.2011 after PW1 left the house along with his daughter for dropping her in a school, the accused Nos.1 and 2 went to the flat i.e., flat No.805 and knocked the door and when the deceased No.1 opened the doors, they have informed her that they came to the flat to attend mesh repair work, thereby she allowed them to the flat. Meanwhile, accused Nos.3 and 4 joined them. It is also alleged by the prosecution that accused No.1 hit her on the back of her head with a hammer, she fell down, raising hue and cry, which attracted her mother-in-law who is mother of PW1-Smt. Vimal Mole who hereinafter be referred as deceased No.2) and when she tried to catch hold of accused No.1, he beat her with hammer on the back portion of the head, accused No.2 stabbed deceased Nos.1 and 2 with a knife and when the knife was broken, he has used a screw driver and stabbed both the ladies and having confirmed their death, they have entered the bedroom and removed gold ornaments, net cash of Rs.30,000/- and a cell phone and escaped from the house.

4. On the same day at about 04:00 p.m., PW1 received a phone call from his neighbour i.e., PW4 and came to know that his wife and mother were lying in a pool of blood in the kitchen room. Thereby, he rushed to the flat and found his mother and wife dead and lying in a pool of blood. Therefore, he has proceeded to the police station and presented a report, basing upon which the police have registered a case in Crime No.34 of 2011 for the offence under Section 302 IPC.

5. The police have visited the scene of offence.

They have secured the clues team who could collect foot prints and finger prints from various places at the scene of offence. Dog squad was also pressed into service. The Investigating Officer has completed the other formalities viz., preparation of scene of offence panchanama, inquest, referring the dead bodies for post mortem examination. During the course of time, the Investigating Officer could know from PW5 who was supervisor of the La Gardenia apartments that these appellants have abruptly left the place without attending the remaining work, thereby he had a suspicion against the appella