- (1.) This Criminal Appeal is instituted against the Judgment dated 23-3-2010 in S.C.No.234 of 2008 on the file of the learned Sessions Judge, Adilabad, whereby he has convicted the appellants for the offence under Section 302 r/w. Section 34 IPC and sentenced them to undergo life imprisonment and pay a fine of Rs.5000/- each, in default, to suffer simple imprisonment for three months each.
(2.) The prosecution case, in brief, runs as under : On 25-7-2007 at 03.00 Hours, PW-1, a resident of Purana Bazar, Bhainsa, came to the Bhainsa Town Police Station and submitted a report in Telugu wherein she has stated that herself and her husband Syed Yasin (the deceased) were residing at H.No.3-3- 33 of Purana Bazar, Bhainsa; that the deceased was working as a watchman at Sri Om Prakash Ladda Ginning Factory, at Bhainsa; that they were blessed with two sons and two daughters; that about 5 years back, the deceased went to Raikal village for doing mirchi business, stayed there for one year and returned back to Bhainsa; and that at the time of the incident herself and the deceased were residing at the above mentioned address at Bhainsa. She has further stated that while the deceased was doing business at Raikal village, his elder brother A-1 gave him Rs.8000/- as hand loan which was repaid by the deceased; that the deceased and A-1 were quarreling with each other over payment of interest; that the previous day i.e., on 24-7-2007 at about 19.00 Hours, A-1 and his three sons i.e., A-2, A-3 and Syed Shoheb came to the house of the deceased and demanded repayment of Rs.40,000/- and manhandled her and her father-in-law by beating with hands; that in the meantime PW-3, PW-9 and PW-10 separated them; that at that time, the accused threatened them with dire consequences if they do not repay the amount and also threatened to set fire to the house of PW-1 at Owaisi Bazar, Bhainsa. PW-1 further stated that on 24-7-2007 at about 21.00 Hours on return of the deceased from duty, she narrated the facts to him; that the deceased after having dinner went to their old house at Owaisi Bazar along with his elder son PW-2 to safeguard the house and sat in their old house along with neighbours; and that when they were discussing the incident with the neighbours at about 12.00 Hours in the night, A-1 and his sons came to the house of the deceased, assaulted and dragged him to their house located nearby. That in the meantime, PW-2 escaped and all the three accused and Syed Shoheb (the last son of A- 1) beat the deceased with iron rods on hands and legs and caused injuries; that the deceased tried to escape and went to the house of PW-3 and requested her for water; that after the deceased drank water given by PW-3, A-1 to A-3 and Syed Shoheb came to the house of PW-3 and beat the deceased again, as a result of which he has died; and that on hearing the entire incident from PW-2, PW-1 lodged a report. On receipt of the report, PW-18 registered Crime No.108/2007 for the offence under Section 302 r/w. Section 34 IPC and issued express F.I.Rs. to all the concerned. On receiving the FIR, PW-19 took up the further investigation and examined and recorded the statement of PW-1. He has immediately rushed to the scene of offence situated at Owaisi Bazar, Bhainsa and recorded the detailed statements of LW-2 to LW-13 who include PW-2 to PW-10, taken photographs of the scene of offence and the dead body of the deceased with the help of PW-7 and conducted the scene of offence and seizure panchanama before PW-11 and PW-12, seized the blood stained leaves, chappals and a plastic cover from the scene of offence. PW-19 has also conducted inquest over the dead body of the deceased before the same mediators i.e., PW-11 and PW-12 and subjected the dead body of the deceased to autopsy in the Government Area Hospital, Bhainsa, while making efforts to apprehend the accused which went in vain.
(3.) However, on 30-7-2007, at 15.00 Hours, on reliable information, PW-19 along with his men proceeded to Owaisi Nagar, Bhainsa and apprehended the accused and Syed Shoheb (aged 16 years - a juvenile) at their residence at Owaisi Nagar, Bhainsa and interrogated them individually in the presence of PW-13 and PW-14. On interrogation, the accused confessed the commission of the offence. In pursuance of the said confession, a blood stained iron rod with a small spade at its end and another blood stained iron rod used in the commission of the offence by A-1 and A-2 respectively were recovered from the house of A-1 under cover of separate panchanamas. The accused were thereafter arrested and produced before the jurisdictional Magistrate who remanded A-1 to A-3 to judicial custody. A-4, being a juvenile, was sent to Juvenile Court under a separate remand case diary. PW-16 who conducted autopsy over the dead body of the deceased opined that the death of the deceased occurred due to shock and hemorrhage due to head injury. LW-19, the Scientific Officer, at the Regional Forensic Science Laboratory, Karimnagar, who examined MOs.1 to 8, issued Ex.P-20 FSL report stating that human blood is detected on MOs.1, 2, 5, 6, 7 and 8; that the blood group of blood stains on M.Os.5 to 8 is of B; and that the origin of the blood on M.Os.3 and 4 and the blood group of blood stains on item Nos.1 and 2 could not be determined.;