THE HONOURABLE SRI JUSTICE K.SURENDER AND THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL APPEAL No.691 of 2019 JUDGMENT: (Per Hon’ble Sri Justice K.Surender)

This Criminal Appeal is filed by the appellants/accused Nos.2 and 3, aggrieved by the judgment dated 08.08.2019, in S.C.No.411 of 2015, on the file of the Principal Sessions Judge, Khammam, whereby the appellants/accused Nos.2 and 3 were convicted for the offence punishable under Section 302 of the Indian Penal Code (for short ‘IPC’).

2. Heard learned counsel for the appellants/accused Nos.2 and 3 and Sri Arun Kumar Dodla, learned Additional Public Prosecutor for respondent-State. Perused the record.

3. The appellants/accused Nos.2 and 3 were tried along with accused Nos.1, and 4 to 7. The learned Sessions Judge found that only accused Nos.2 and 3 were complicit in committing the murder of the deceased. All the other accused Nos.1 and 4 to 7 were acquitted.

4. The prosecution version is that on 08.01.2015 at about 09.00 A.M., PW.1, who is the Village Revenue Officer of Maddulapalli Village, informed the police that there was an unidentified male dead body of male on the bank canal road of NSP canal. A written complaint, which is marked as Ex.P1, was given by PW.1 to the police. PW.27-Station House Officer issued FIR, and the investigation was handed over to PW.28- Circle Inspector of Police. PW.28 then went to the scene of offence and found the dead body at the distance of two feet from NSP canal at Maddulapalli. On requisition of PW.28, LW.33/N.Raghu (not examined during trial), along with clues team and dog squad, went to the scene of offence and picked up the fingerprints from the two beer bottles which were present at the scene. The photograph of the dead body was published in the local newspapers and was also shown on the television. The material objects, including two beer bottles/MO.4, were seized from the scene of offence. PW.28 then concluded the inquest proceedings over the dead body of the deceased. The dead body of the deceased was shifted to the Government Hospital, Khammam, for the post-mortem examination. The dead body was identified as that of S.Rajashekhar Reddy.

5. According to the case of the prosecution, the deceased married PW.4, who belongs to the Yadav Community, while the deceased belonged to the Reddy Community. The family members of PW.4 did not consent to their marriage, and for the reason of the deceased marrying PW.4, the other accused and these appellants planned and killed the deceased.

6. These appellants/accused Nos.2 and 3, along with accused No.1, were hired killers. According to the prosecution, accused No.4 hired accused Nos.1 to 3 to commit the murder of the deceased. The amount was also given to accused Nos.1 to 3. Further, according to the prosecution, PW.4 eloped with the deceased and married him. They started living together in Gattusingaram, where the deceased established his practice as a Registered Medical Practitioner. Upon learning the whereabouts of the deceased and PW.4, the family members, including the accused Nos.5 to 7, went to the place where PW.4 and deceased were residing. There was an altercation and the deceased threatened accused Nos.5 to 7. Then accused Nos.5 to 7 contacted accused No.4. Accused No.4, in turn, contacted accused Nos.2 and 3 to take the life of the deceased.

7. On 06.01.2015, accused Nos.1 to 3 went and contacted PW.17 for a car, but he did not provide it. Thereafter, PW.18 was requested to provide the car. On the assurance given by PW.17, PW.18 handed over the car to accused No.1. Accused Nos.1 to 3 proceeded to Gattusingaram and requested the deceased to accompany them to a party. The deceased accompanied accused Nos.1 to 3 and the same was witnessed by PWs.13 and 14 (hostile witnesses). On the next day, i.e., 07.01.2015, the deceased and accused Nos.1 to 3 went to Cure Hospital, Khammam, and met PW.25. From the hospital, they reached Srinivasa Petrol Bunk around 07.00 P.M. PW.6 was passing by the