THE HON’BLE SRI JUSTICE K.SURENDER AND THE HON'BLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL APPEAL No.1598 OF 2018 JUDGMENT: (Per Hon’ble Sri Justice EV Venugopal)

1. The present criminal appeal is filed by the appellants/ accused Nos.1 and 2 aggrieved by the judgment dated 29.05.2018 in SC No.271 of 2016 on the file of the learned Metropolitan Sessions Judge, Hyderabad wherein and where by the trial Court found the appellants guilty, convicted and sentenced them to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.500/- each, in default to suffer further simple imprisonment for a period of six months each, for the offence punishable under Section 364 read with Section 34 of IPC; further, sentenced them to undergo imprisonment for life and to pay a fine of Rs.500/- each, in default to suffer further simple imprisonment for a period of six months each for the offence punishable under Section 302 read with Section 34 of IPC and further sentenced the appellants to undergo rigorous imprisonment for a period of three years each for the offence punishable under Section 379 read with Section 34 of IPC.

2. Heard Sri P.Prabhakar Reddy and Sri P.Animi Reddy, learned counsel for the appellants and Sri Arun Kumar Dodla, learned Additional Public Prosecutor for the respondent/State.

3. SC No.271 of 2016, on the file of the learned Metropolitan Sessions Judge, Hyderabad is a case registered basing on the complaint/Ex.P1, lodged by PW1 in FIR No.134 of 2015, dated 25.05.2015 on the file of PS, Kachiguda for the offences under Sections 364, 302 and 379 of IPC read with Section 34 of IPC on the allegation that the appellants committed murder of deceased No.1, committed theft of gold ornaments weighing 10 Tolas, worth then about Rs.2.50 Lakhs, from her dead body and also committed murder of her retorted brother-in-law.

4. The brief facts of the case are that on 25.05.2015 at about 21.15 hours, PW18/SI of Police, PS Kachiguda received a complaint from PW1, who is the son of deceased No.1 and nephew of deceased No.2, complaining missing of his mother and paternal uncle. Accordingly, FIR No.134 of 2015 was registered. When PW19/SI of police enquired PWs.1 and 2, who are the son and husband respectively of the deceased No.1, they informed that when the deceased No.1 requested PW2 to take her to Yadagirigutta on the eve of their marriage anniversary day, PW2 informed the deceased No.1 to go in the regular auto of Parthasarathi/appellant No.1 along with his mentally unsound brother i.e. the deceased No.2. PW10, who is the tenant of deceased No.1, stated that the deceased went to Yadagirigutta in the auto of appellant No.1 at 10.00 AM on 16.05.2015. He also stated that the deceased No.1 wore red colour saree at that time. PWs.1 and 2 further stated that when they tried to contact the auto driver/appellant No.1 over cell phone, his cell phone was found switched off.

5. On 01.06.2015 at about 07.00 hours, PW19 apprehended the appellant No.1 at Kachiguda Railway Station while he was trying to flee to Chennai by train. Appellant No.1 confessed that on 16.05.2015 he took both the deceased in his auto to Yadagirigutta and on the afternoon of 17.05.2015 he, along with his associate viz. Appellant No.2 killed them in the isolated hillocks of Podichedu Village of Mothkur Mandal, Nalgona District, and he committed theft of gold ornaments from the dead body of deceased No.1. He further confessed that he pledged some of the gold ornaments with a pawn broker/PW6 at Malakpet and some with PW11.

6. During the course of investigation, PW19 arrested the appellants. PW20/Inspector of Police took up investigation, recorded voluntary confessions of appellants, seized the auto, recovered the gold ornaments and pawn broker receipts and after conducting post-mortem examination and after completing the requisite formalities, filed the charge-sheet

7. During the course of investigation, the local police from Mothkur PS came to the spot and observed the scene