- (1.) These four appeals relate to a common judgment passed by a Division Bench of the Andhra Pradesh High Court, whereby three appeals filed by the accused-appellants and one by the State were disposed of. While the accused-appellants challenged their conviction under Section 304, Part I read with Section 34 of the Indian Penal Code, 1860 (in short 'IPC'), State had taken the stand that accused-appellants should have been convicted under Section 302 read with Section 34, I. P. C. and the two accused who had been acquitted by the trial Court should have also been convicted. The appeals filed by the accused-appellants were dismissed and the appeal filed by the State was partially allowed by converting sentence to Section 302, I. P. C.
(2.) Prosecution version sans unnecessary details as unfolded during trial was as follows : Accused No. 4 Babu Jani alias Majid Khan alias Majid was an ex-employee of Hazi Mohd. Yakub (hereinafter referred to as 'deceased'), who had five textile wholesale shops, which he was running along with his sons and grandsons. Accused Babu Jani joined hands with city dossier criminals, namely, Abdul Waheed Khan alias Waheed (accused No. 1), Mohd. Haneef alias Haneef (accused No. 2) and Mohd. Khadeer alias Khadeer (accused No. 3); and hatched a plan with the aforesaid three accused persons and a friend of his namely, Aleem (accused No. 5). The object was to rob the deceased, and if necessary by liquidating him. Accused Babu Jani had the knowledge that the deceased used to go his house around 8.00 p.m. with the sale proceeds of the shops and the collections were more than rupees one lakh. In pursuance of the conspiracy, accused Babu Jani took the first three accused on 19-2-1993 and 20-2-1993 between 7 and 7.30 p.m., to point out the deceased and to acquaint them with his movements of a fixed nature. First attempt was made on 22-2-1993, but finding a lot of people around the spot, the intended objective could not be achieved. On the next day i.e. 23-2-1993 the fateful date of the incident, at about 7.30 p.m. after obtaining information from accused Babu Jani accused Nos. 1 to 3 waited near house of the deceased on a stolen Chetak scooter and were armed with the knives. Accused No. 2 was having a plastic tin containing chilly powder water in his hands. At about 7.45 p.m. the deceased reached near his house in his Ambassador car driven by Mohd. Taher PW 2. He was carrying cash of more than Rs. 2.32 lakhs and demand drafts of Rs. 1,60,000/- which were in his cloth bag. When the driver opened the rear right door of the car and went to collect the tiffin-carrier of the deceased from the left front door, accused Nos. 1 to 3 kept their scooter in motion and rushed to the deceased Hazi Mohd. Yakub and began stabbing him indiscriminately with their three knives, while accused No. 2 tried to snatch the bag containing the cash and the demand drafts. There was street light and also light inside the car. When PW2 rushed to the rescue of the deceased, accused No. 2 threw chilly powder water on his face and he shouted for help. Further knife blows were given by the three accused persons till the deceased collapsed. Accused No. 2 snatched away the cash bag from the hands of the deceased and all the three accused persons fled away on their scooter. Though PW2 and one Samad Khan (PW-4) chased the accused persons to some distance, they succeeded in fleeing away. Several other persons including Mohd. Idris Ali Khan, Mohd. Abdul Bari (PW-3) tried to come near the deceased, but they found him dead. The three accused Nos. 1 to 3 went to the house of accused Aleem at Boda Banda where accused Babu Jani was waiting for them. Aleem harboured accused Nos. 1 to 4 in his house and they shared the looted money but destroyed the demand drafts. Police on getting information reached at the spot and the First Information Report was lodged by Mohd. Iqbal (PW-1). Investigation was conducted and on completion thereof charge-sheet was filed.
(3.) While the first three accused persons were charged for having committed offences punishable under Section 302, I. P. C. read with Section 34 thereof and Section 392 read with Section 34 thereof, and Section 25(1-B) of the Arms Act, 1959 (in short 'Arms Act'). The first four accused persons were charged with commission of offences punishable under Section 302 read with Section 120-B(1) I. P. C. as well with Section 392 read with Section 120-B(1), I. P. C. Accused No. 5 was charged with commission of offence punishable under Section 302 read with Section 212, I. P. C., and Section 411, I. P. C. The accused persons pleaded innocence.;