N.R.L.NAGESWARA, RAO, J. - (1.) THE State represented by the Public Prosecutor is the appellant and the acquittal of the accused in Sessions Case No. 322 of 2000 on the file of the Principal Sessions Judge at Nalgonda is under challenge.
(2.) THE case of the prosecution is that A-1 was the Sub Inspector of Police and A-2 was the Head Constable at Rajapet and complaint was registered in Crime No. 3 of 1994 under Section 380 I. P. C. on the complaint of one Konaganti Venkatamma about the loss of properties and the deceased was suspected of the offence. According to the case of the prosecution, during the course of investigation, on 8-8-1994, A-1 apprehended the deceased at Lalapet and brought him to Rajapet and confined him in the police station and during that period, the deceased was interrogated by A-l and A-2 and they also brought the wife of the deceased, Mysamma, P. W. 3. She was also ill treated for getting the stolen properties. Due to the continuous beating of the accused, the deceased developed chest pain on 12-8-1994 at about 2 p.m. and evidently, A-2 sent for P. W. 5, who is a local doctor, and he examined the deceased and advised the deceased to be taken to Bhongir Hospital as his condition was precarious. THEreafter, the deceased was taken by A-2 in a jeep to Bhongir Hospital and on the way, the deceased lost his breath and A-2 kept the body at Government Hospital, Bhongir and informed the same of Sub Inspector by way of a report on which a case was registered in Crime No. 117 of 1994 under Section 174 Cr. P. C. A requisition was given to the Mandal Revenue Officer to conduct inquest and accordingly, the M. R. O., P. W. 13, conducted the inquest over the dead body of the deceased and the dead body was sent for post mortem examination to Osmania Hospital and a team of doctors conducted post mortem examination and found multiple injuries. As against the complaint of police, the Government ordered for Magisterial enquiry and accordingly, the Sub Collector, Bhongir conducted an enquiry and recommended action against A-l and A-2. THEreafter, the Superintendent of Police, Nalgonda directed the Sub Divisional Police Officer, Bhongir to conduct personal investigation against A-l and A-2 for registering a case. Accordingly, a case in Crime No. 5 of 1996 under Sections 342 and 302 I. P. C. were registered and investigation was taken up. During the course of investigation, the statements of the witnesses were recorded and the investigation disclosed that the accused are guilty of illegally detaining the deceased Bixapathy from 8-8-1994 to 12-8-1994 and subjecting him to torture and therefore, they are responsible for the death of the deceased. After completion of the investigation, the accused were charged for the offence under Sections 343 and 302 read with 34 I. P. C. The case was taken on file as P. R. C. No. 57 of 1997 by the learned Additional Judicial Magistrate of First Class, Bhongir and committed the same to the Court of Sessions. The case was made over to the III Additional Sessions Judge, (I Fast Track Court), Nalgonda and on appearance of the accused, the learned Sessions Judge framed the following charges: "FIRSTLY: That you A-l and A-2 from 8th August, 1994 to 12th August, 1994, wrongfully confined Bhupathi Bhixapathi in Rajapet Police Station for the purpose of extorting confession or any information which may lead to the detection of offence of theft in Cr. No. 3/94 registered under Section 380 I. P. C. in the said Police Station, basing on the report of Smt. Konaganti Venkatamma of Parupally village to cause restoration of the property or valuable security belonging to her, or to get information which may lead to the restoration of property or valuable security, and thereby you committed an offence punishable under Section 348 I. P. C, and within my cognizance. SECONDLY : That you A-1 and A-2 at or about the same time and place stated supra, interrogated Bhupathi Bixapathi by using third degree methods and did commit murder by intentionally or knowingly causing the death of the said Bhupathi Bixapathi, and that you thereby committed an offence punishable under Section 302 of Indian Penal Code, and within my cognizance. THIRDLY: That you A-l and A-2 at about or about the same time and place stated supra, voluntarily caused hurt to Bhupathi Mysamma with sticks, used as a weapon of offence likely to cause death and thereby committed an offence punishable under Section 324 of Indian Penal Code, and within my cognizance." When the charges were read over the explained to the accused, they pleaded not guilty. On behalf of the prosecution, P. Ws. 1 to 17 were examined and marked Exs. P-1 to P-6. The accused marked Ex. D-1 on their side by maintaining their plea of innocence about the incriminating material available in the evidence of the prosecution witnesses.
(3.) AFTER considering the evidence on record, the learned Sessions Judge found the accused not guilty and accordingly, acquitted him. Aggrieved by the said judgment, the present appeal is filed. Heard the learned Public Prosecutor for the State and also Sri. E. V. Bhagiratha Rao, Advocate for respondent No. 1 and Sri. D. Srinivasa Rao, Advocate for respondent No.2.;