HON’BLE SRI JUSTICE K.SURENDER And HON’BLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL APPEAL Nos.328 and 348 OF 2019 COMMON JUDGMENT:(per Hon’ble Sri Justice K.Surender)

1. Criminal Appeal No.328 of 2019 was filed by A5 and A6, and Criminal Appeal No.348 of 2019 was filed by A1 to A4.

2. Both the appeals are heard and disposed of by way of this Common Judgment since the appellants are accused in S.C.No.290 of 2014 on the file of the IV Additional Metropolitan Sessions Judge at Hyderabad.

3. P.W.1-Junaid Khan is the defacto complainant. He went to the police station and informed the police around 1.15 p.m. about the murderous assault on his brother, namely Nihal Khan, by the accused, resulting in Nihal Khan’s (deceased) death.

4. According to the complaint, P.W.1 stated that he is a native of Qazees village, Jaloon Zilla, Uttar Pradesh State, and that at about 11 years ago, he, along with his family and parents, came to Hyderabad and settled in Chota Bazar, Golconda, Hyderabad. His brothers are working as carpenters and also drive autos, eking out a livelihood. One boy, Lakhan Singh (P.W.4), aged 14 years, a native of Uttar Pradesh, is learning and working as a helper in carpentry work. He is residing near Fateh Darwaza along with his mother. On 07.09.2013, P.W.4 took a small cycle on hire from A6, who has a shop styled “Yaseen Cycle Taxi” at Chota Bazar.

5. According to P.W.4, the same cycle was returned to A6 on the same day, but A6 claimed that P.W.4 had not returned the cycle. He continuously demanded the cycle from P.W.4 and visited their house. On 11.09.2013, at about 12.30 hours, while P.W.1, along with his family members and P.W.4, were attending to their work at their residence, A6, A4, A5, A1, and others came to their house, started abusing them in filthy language, and threatened and demanded the cycle. At that, they produced P.W.4 before them and told them that they could enquire with him. Then A6, who was holding a stick in his hand, beat P.W.1 on his head, due to which P.W.1 received a bleeding injury on his head. Then, A6 warned, saying, ‘AGAR POLICE KO REPORT KARE THO MAAR DALENGE,’ and tried to take P.W.4 with them, but P.W.1 and his family did not allow them to take P.W.4 and raised objections. While so, the deceased, Nihal Khan, immediately started the auto, and P.W.1, along with his mother, P.W.3, started from the house to report the matter to the police. The deceased was driving the auto, and when they reached Sadath Nagar near Baquri function hall, Golconda, A6, A5, A1, A4, and others, immediately holding knives/daggers and sticks, stopped the auto and started beating the deceased. When P.W.1 and his family resisted, A6 caught hold of the hair of deceased, A1 stabbed the deceased on his chest, A4 and A5 stabbed him on abdomen and chest with knives, whereas other persons caused injuries on both his hands with knives. When the deceased immediately got down from the auto to rescue himself and started running, the accused chased him and caught hold of him within a short distance, again beating him with deadly weapons. Then, P.W.1 and others started shouting “Bachao Bachao”. Meanwhile, P.W.2 came to their rescue, and on seeing them and the public gathering, A6 and his followers ran away from the scene. Immediately, P.W.2 took the deceased in the said auto bearing No.AP 12U 8675 and went to Area Hospital, Golconda, for treatment, but the deceased died while undergoing treatment within half an hour. The said information was given to the police when P.Ws.2 and 3 also accompanied P.W.1 to the police station. P.W.2 is the brother of P.W.1, and P.W.3 is the mother of P.Ws.1 and 2. The narration of P.W.1 was typed in English at the instance of S.Brahmachary (L.W.23) (not examined), who was then the Sub- Inspector of Police. After the complaint, P.W.1 was referred to the hospital for treatment. P.W.1 was treated by P.W.8/Doctor, who found a laceration of 1 inch x ½ inch x 1 inch depth on the head. According to P.W.8, who issued E