Anil R. Dave. J. - (1.) Being aggrieved by the judgment delivered in Criminal Appeal No. 1190 of 2002 by the High Court of Andhra Pradesh at Hyderabad, dated 7th September, 2004, this appeal has been filed by Shaik Bade - accused No. 2, who has been convicted of the charges under the provisions of Section 302 , 449 and 506(2) of the I.P.C.
(2.) The facts giving rise to this appeal in a nut-shell are as under: Around 7.00 p.m. on 20th December, 1995, when Madamsetti Venkateswara Rao @ Konda (deceased) alongwith Pinapati Yacob(PW-1) and J. Ravi(PW-19) was playing carom, accused A-1 to A-4 and A-6, armed with knives, got into the 2nd floor of a house belonging to Vali (PW-14). A-1 to A-4 entered the room where the deceased, PW 1 and PW 19 were playing carom. A-6 stood near the door. A-1 to A-4 stabbed the deceased indiscriminately and when the deceased fell down, A-2 and A-4 caught hold of the deceased whereas A-1 and A-3 cut the head of the deceased. Then A-1 carried the head of the deceased out of the room and then A-1, A-2 and A-3 went on a scooter to the house of Maddamsetti Siva Kumar (PW-13) and threw the head in front of his house.
(3.) We are concerned with Shaik Bade A-2 in this appeal. A-1 could not be traced as he was absconding and, therefore, against rest of the accused the trial was conducted.;