- (1.) The three appellants herein (original accused 1 to 3 have been convicted by the trial court under S. 302/34, 379/34 and 201 Indian Penal Code and sentenced to life imprisonment, two years' and five years' Rl respectively. The appeal preferred by them has been dismissed by the High court. Hence the present appeal. The prosecution case is as follows.
(2.) The deceased Mylapalli Venkataramana was working as a taxi driver of the Car AAV 6885 belonging to Public Witness 6. The deceased had a valid driving licence, MO 13. A-1, a resident of Anakapalli, was in occupation of Room No. 11 in Seaking Lodge in Visakhapatnam. A-2, whose mother was living with her second husband at Allahabad and having incurred the displeasure of her maternal grandfather, (Public Witness 19 came and occupied Room No. 17 in the same lodge. A-3 was an associate of A-2. All the three accused became close. associates. On 27/12/1978, Public Witness 13, the driver of another taxi, received a phone call from the Manager of the lodge at 2.30 p. m. informing him that the persons occupying Room No. 11 required a taxi. Public Witness 13 accordingly went to the lodge and gave a lift to A-1 to A-3 along with a girl to Alankar Theatre. After disembarking at the Theatre, the accused gave a chit to Public Witness 13 to collect the fare from the Manager of the lodge. Accordingly Public Witness 13 collected Rs. 10. 00 from the Manager. On the same day at about 7 p. m. , Public Witness 4, another taxi driver saw the deceased coming in his taxi towards Jagadamba Junction. A-2 and A-3 stopped the taxi of the deceased and enquired as to what would be the to and from fare to Yellamanchili. The deceased told that it would be Rs. 100. 00. A-2 and A-3 got into the taxi of the deceased and went away. This conversation between the deceased and A-2 and A-3 was heard by PWs 3, 4 and 7. On the same day namely 27/12/1978, Public Witness 8 saw the deceased and his taxi at Jagadamba Junction at about 11.30 p. m. On enquiry the deceased told him that he had gone up to Adanampudi, as A-2 and A-3 had forgotten a file and therefore they have returned and that the deceased would have to take the same party on the next day to Yellamanchili. On 28/12/1978 Public Witness 7 came to Jagadamba Junction with his taxi and saw the deceased and his taxi at the Junction and asked about his having gone to Yellamanchili and the deceased narrated the same which he told to Public Witness 8. The deceased went to the house of the taxi owner, Public Witness 6, on 28/12/1978 and gave him the taxi fare of Rs. 50. 00. At about 7.30 p. m. on the same day A-3 came there and engaged his taxi and A-2 also came and got into it and thereafter the taxi moved away towards Saraswati Junction. This was observed by Public Witness 5, another taxi driver. On the same day at about 9 p. m. A-3 went to a wine shop at Anakapalli and purchased half bottle of whisky from Public Witness 9 and thereafter they went to the hotel run by Public Witness 10 at Kasirnkota by the side of Nookalamma Temple on the G. N. T. Road. The deceased was also known to Public Witness 10. A-1 to A-3 went to the hotel at about 9.30 p. m. along with the deceased. They consumed the liquor and ate chapatis and chicken curry supplied by Public Witness 10. The deceased also ate chapatis and vegetable curry. A-1 to A-3 remained in the hotel for about 30 minutes. Thereafter A-1 to A-3 and the deceased went towards Yellamanchili side but returned within 15 minutes to the hotel and after pouring water in the radiator they again went away. On the intervening night of 28/29/12/1978 at about 1.30 a. m. A-1 to A-3 took the taxiaav 6885 to the Petrol Bunk and purchased 20 litres petrol and A-3 paid Rs. 71. 00 under Ex. P-7 to Public Witness 11, a salesman who also observed the movements of A-1 to A-3. After taking petrol A-1 to A-3 went to Durga Lodge at about 2 a. m. belonging to Public Witness 12 and they occupied Room No. 106. The accused asked Public Witness 12, the owner of the Lodge for the assistance of the ward boy for getting brandy bottle but they were told that the ward boy was sleeping. On that A-1 went to the place where the ward boy was sleeping and woke him up and the ward boy told him that it was 2 a. m. and it was not possible to get brandy. The accused, however insisted and Public Witness 14, the ward boy took Rs40 given by A-3 and went to the brandy shop and purchased a bottle. Public Witness 12 supplied omelets at the request of A-1 to A-3. At that time, Public Witness 15, a girl was occupying Room No. 104. The accused asked Public Witness 12 to supply the girl. Public Witness 12 woke up Public Witness 15 and another girl Annapurna and sent them to Room No. 106 and they spent some time in their room with the accused. At about 4 a. m. A-1 to A-3 left the Lodge with the car. Public Witness 16 saw the car near his land in the morning of 29/12/1978. Ten minutes later he again saw the car moving and circling and stopping. Public Witness 17, a cattle tethered went to that car and came back and told Public Witness 16 that the inmates were getting down from the car and attempting to go away. Public Witness 16 went near the car and saw two boys standing at the rear side of the car and one boy getting down from the car from the steering side. They told Public Witness 16 that they wanted to bring a mechanic. Public Witness 16 also saw one portion of a gun covered by a lungi cloth and two bags and one oil tin with the accused. The accused proceeded towards G. N. T. Road and they stopped a bus at about 7.45 a. m. and boarded the same. After purchasing the tickets from Public Witness 18, the busconductor they got down at Visakhapatnam. On the night of 29/12/1978, Subinspector of Police, Public Witness 26 came to know that one Ambassador Car bearing No. AAV 6885 was abandoned in a field at Sanivada near Agnampudi bushes. Many taxi drivers and cleaners also came to know that the taxi car driven by the deceased was abandoned at the said bushes. Public Witness 26 kept guard over the vehicle on the night of 29/12/1978 and seized the same next day morning. Public Witness I, who owned agricultural land at Anakapalli, saw the dead body of the deceased floating in the nearby well. He got a report Ex. P-l prepared and gave it to the Village Munsif who in turn sent the same to Anakapalli Police Station. Public Witness 27, the Sub-Inspector of Police, Anakapalli received the report and registered the crime and proceeded to the well and got the dead body removed from the well and held the inquest. Public Witness 2, a relation of the deceased, identified the dead body. After inquest, Public Witness 22, Doctor, conducted the post-mortem on the dead body of the deceased and opined that the deceased died due to asphyxia as a result of drowning. Not being satisfied with this opinion, the investigating officer referred the matter to Public Witness 23, the Professor of Forensic Medicines, who opined that the deceased died due to shock and haemorrhage as a result of injuries to the ribs or after receipt of the injuries he might be lingering with life and death and might have been thrown into a well. An altered FIR was issued. Public Witness 28, the Circle Inspector, took up the investigation, went to the Lodge and found A-1 to A-3 playing cards and arrested them. On search he found a DBBL gun, MO I, 15 live cartridges, MO 2, air pistol, air-rifle, two car number plates and other articles. The Circle Inspector also seized the driving licence of the deceased, MO 13 from the room. An identification parade was held on 23/1/1979 andpws 3, 7, 10 and 12 to 18 identified A-2 and A-3. PWs 4 and 8 identified A-2 and A-3 and PWs 9 and 11 identified A-3 only. These witnesses spoke about the various movements. After completion of the investigation, the charge-sheet was laid.
(3.) When examined under Section 313 Criminal Procedure Code the accused denied the incriminating circumstances. A-1 stated that Kasirnkota Sub-Inspector came to his house, arrested him on 2/1/1979 and took him to Anakapalli Police Station where he was detained and was produced before the Magistrate and at the time of the arrest, he was having Rs. 3,200. 00 which were taken away by the SI and that he has been falsely implicated. He denied all other incriminating circumstances. He also stated that he was shown to the witnesses before he was identified. A-2 stated that he was innocent and that he was arrested on 2/1/1979 while he was going to his house after closing his shop and that he had no acquaintance either with A-1 or A-3. He also stated that he was shown to the witnesses before identification. A-3 stated that three Sub-Inspectors came in mufti to Shri Rama Andhra Yuvajana Samajam, Bangarumetta and arrested him on 2/1/1979 and took him to II Town Police Station and was kept in lock-up and that he saw A-1 and A-2 for the first time on 5/1/1979. He also stated that he was shown to the witnesses before identification.;