L.NARASIMHA REDDY, J. - (1.) A 1 and A2 in S.C.No.520 of 2010 on the file of the VI Additional District & Sessions Judge (FTC), Markapur, Prakasam District, filed this appeal feeling aggrieved by the judgment, dated 07.05.2012, rendered therein. The trial Court found the accused guilty of the offence punishable under Section 302 IPC i.e., of causing the death of the deceased i.e., Chintaginjala Nagaraju, on 06.11.2008, and sentenced both of them, to undergo imprisonment for life, and to pay fine of Rs.5,000/ - each, in default, to undergo Simple Imprisonment for two months respectively. Hence, this appeal.
(2.) A 1, and the deceased are related to each other. PW.2 is the younger brother of A1. The deceased, and PW.3 are the sons of PW.2. All of them are residents of Chimakurthy Village of Prakasam District. One Sri Venkata Pathy, is junior paternal uncle of PW.2 and A1. The said Venkatapathy is said to have gifted a house site of Ac.0.05 cents to PW.2. A1 is said to have been dissatisfied with the conferment of the entire benefit to his brother, PW.1, alone. He is said to have warned PW.1 and his children i.e., the deceased, and the PW.3, that unless a share is given in the property to him, he would not keep quiet. The mediation in this behalf, is said to have failed. The marriage of PW.3 was said to have taken place on 8.11.2008. On 06.11.2008, A1 is said to have taken the help of A2, and both of them, have proceeded on motor cycle i.e., Yamaha Gladiator, bearing No. AP 27 AA 3173, said to have been borrowed from PW.9. They are said to have called the deceased, through a coin box telephone, to go to a particular place, so that they can meet, and discuss certain matters. The deceased is said to have acceded to the request, and all the three are said to have proceeded on the motor cycle, towards Markapur, and they are said to have consumed liquor. After crossing Podili, A1 and A2, are said to have caused the death of the deceased, near Veligonda Chalivendram, within the limits of Markapur Village. The dead body is said to have been first noticed by PW.1, Village Revenue Officer, on 07.11.2008, at about 3.00 p.m., and he submitted a report at 7.30 p.m., in Konakanamitla P.S. Unable to identify the body, the police is said to have simply registered a case in Crime No. 67 of 2008. No person was mentioned as accused. The photo of the deceased person is said to have been published in the newspaper, on 08.11.2008. On seeing the news item, PWs.2 and 3, and another are said to have come to Markapur Village, and identified the dead body, as that of late Nagaraju.
(3.) DURING the course of inquest on the body, PWs.2 and 3, are said to have suspected the involvement of A1. Thereafter, the dead body was sent for postmortem. Taking note of the mention of A1, in Ex.P3, i.e., the inquest report, the police altered the provision in the FIR, and investigation was taken up.;