COMMON JUDGMENT:

(per the Hon’ble Sri Justice P.SAM KOSHY)

Since both the appeals are filed assailing the common judgment of conviction passed by the Trial Court, they are being disposed of by this common judgment.

2. These appeals are preferred by the accused Nos.3 and 4 under Section 374(2) of the Cr.P.C. The challenge in these two appeals is to the common judgment of conviction dated 29.04.2019 in S.C.No.217 of 2015 passed by the V Additional Sessions Judge, II-FTC, Warangal.

3. Heard Ms. Ammaji Nettem, learned counsel for the appellant / accused No.3 in Criminal Appeal No.389 of 2019 as well as Ms. G.Jaya Reddy, learned counsel for the appellant / accused No.4 in Criminal Appeal No.436 of 2019; and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent - State in both the appeals.

4. Vide the impugned judgment, the Trial Court found the accused No.3 and 4 guilty for the offences punishable under Section 457, 396 and 397 of IPC and sentenced them to undergo imprisonment for ten years with fine of Rs.2,000/- each; and in default to suffer simple imprisonment for three months for the offence under Section 457. Similarly, they have also been sentenced to undergo imprisonment for life with fine of Rs.2,000/- each with; and in default to suffer simple imprisonment for three months for the offence under Section 396 and they were also sentenced to undergo rigorous imprisonment for seven years each for the offence under Section 397 of IPC.

5. The case of the prosecution in brief, as is reflected from the charge- sheet, is that on night of 11.09.2014 accused Nos.1 to 6 committed an offence in Raghunathpally Village. The group targeted the house of PW.1 (Cheruku Narsimha @ Narender), who ran a petty hotel. The accused Nos.1, 2 and 6 gained entry by removing rear door flanks while accused No.3 (Parameshwar Laxman Kailas Bosle), accused No.4 (Sheiryakade) and accused No.5 kept watching outside the house. The assailants brutally attacked the deceased Nos.1, 2, 3 and injured Harsha Vardhan on the head with wooden sticks while he was sleeping. Further, they robbed gold jewelry including gold chains, ear studs, mobile phone and cash of Rs.80,000/-. This attack resulted immediate death of the deceased Nos.1 and 2, while the deceased No.3 succumbed to injuries later that day while shifting to Hyderabad from MGM hospital, Warangal for better treatment.

6. PW.1 filed a complaint on 12.09.2014 at about 08:30 hours and police authorities registered the complaint as Cr.No.155 of 2014 under Sections 457, 380, 302 and 307 of IPC. During the course of investigation, police authorities apprehended accused Nos.1 to 4 on 24.10.2014 and on interrogation they voluntarily confessed that they committed the crime along with accused Nos.5 and 6. On confession PW.22 recovered stolen gold jewelry under a cover of panchanama in the presence of mediators PW.16, PW.17 and LW.22 and also recovered two wooden sticks used in the attack.

7. The prosecution in all examined twenty five witnesses, marked sixty exhibits and also marked fifteen Material Objects (MOs). There was no evidence led on behalf of the defence, neither was there any document marked on behalf of defence. Subsequently, after recording the statement of the accused persons under Section 313 of Cr.P.C., the impugned judgment was passed convicting the accused Nos.3 and 4 for the offence under Sections 457, 396 and 397 of the IPC. It is this judgment which is under challenge in the present appeal.

8. Learned counsel for the appellants challenging the impugned judgment contended that from plain reading of the complaint and the statements recorded during the course of investigation, the entire case of the prosecution appears to be highly improbable. It was further contended that even otherwise from the material evidences which have been collected also the prosecution does not seem to have proved its case beyond all reasonable doubts.

9. According to the learned counsel for the appellants,