- (1.) This Criminal Appeal is filed under Section 374(2) of Criminal Procedure Code, 1973 (for short 'Cr.P.C') by the Accused Nos.1 and 2 in Sessions Case No.226 of 2012 on the file of the Principal Sessions Judge, Kadapa, dated 01.05.2014, where under the accused were found guilty for the offences punishable under Sections 302, 201, 363 and 392 of the Indian Penal Code, 1860 (for short 'IPC') and convicted under Section 235(2) of Cr.P.C and sentenced to undergo imprisonment for life and pay a fine of Rs.500/- each for the offence punishable under Section 302 of IPC, in default of payment of fine amount, A1 and A2 shall suffer simple imprisonment for a period of one year each, sentenced to undergo rigorous imprisonment for a period of two years each and pay fine of Rs.500/- each for the offence punishable under Section 201 of IPC, in default of payment of fine amount, A1 and A2 shall suffer simple imprisonment for a period of six months each, sentenced to undergo rigorous imprisonment for a period of one year each and pay fine of Rs.500/- each for the offence punishable under Section 363 of IPC, in default of payment of fine amount, A1 and A2 shall suffer simple imprisonment for a period of three months and further sentenced to undergo rigorous imprisonment for a period of two years each and pay fine of Rs.500/- each for the offence punishable under Section 392 of IPC, in default of payment of fine amount, A1 and A2 shall suffer simple imprisonment for a period of six months each by ordering all the sentences shall run concurrently. Both the accused assailed the conviction and sentence passed in Sessions Case No.226 of 2012 on the file of the Principal Sessions Judge, Kadapa, dated 01.05.2014 on various grounds.
(2.) The facts of the case in nutshell are that, Syed Nadeem Basha (herein after referred as 'the deceased boy'), aged about 5 years, was studying LKG in Huda English Medium High School located at Rahamthullah street, Kadapa District. On 09.12.2011, as usual the deceased boy went to school and during interval at about 2.00 p.m., he came to the house for taking water and after taking water, he went back to school. After school hours at about 4.30 p.m., he did not return home. Then the parents of the deceased boy went to school, enquired school teacher (P.W.2) and she informed that the deceased boy went to the house during interval for taking water and did not return to the school. Then they searched for the deceased boy and as they could not trace the boy, they went to police station and presented a written complaint in Kadapa I town police station. (ii) Basing on the written complaint of P.W.1, father of the deceased boy, P.W.15 Sub-Inspector of Police, Kadapa I town police station registered a case under the caption 'boy missing' and issued FIR under Ex.P10. (iii) P.W.1 got photo of his deceased son and distributed pamphlets in the surrounding villages of Kadapa, Vontimitta, Sidhout, Chennur Mandals and requested the villagers to intimate about tracing of the boy by giving his address and phone number. On 14.12.2011, when P.W.1 was enquiring about his son at Saipet, P.W.4 Shaik Mohammad Azam informed that on 09.12.2011 at about 7.00 p.m., he saw the deceased boy near Saipet Katta and A1 and A2 were taking the deceased boy on Yamaha motor cycle by force, they forcibly snatched away the gold chain and the gold ring. He further informed that on seeing him, the accused fled away and they might have caused harm to the boy. Immediately, P.W.1 went to the house of A1 and A2, found their houses locked. (iv) On 15.12.2011 at about 7.00 a.m., P.W.1 received phone call from fisherman of Narasannagaripalli, Vontimitta Mandal stating that near Narasannagaripalli, Penna river, the body of the deceased boy was found floating. Then P.W.1 and his relatives rushed to Penna river (isukametta) and found the body of the deceased boy. P.W.1 kept his persons there, came to police station and presented second written complaint alleging that A1 and A2 kidnapped his son, committed theft of gold chain and gold ring, killed his son and threw the dead body of his son into Penna river. (v) Basing on the second written complaint of P.W.1 under Ex.P2, P.W.15 issued an altered FIR under Ex.P11 in Crime No.284 of 2011 of Kadapa I Town police station for the offences punishable under Sections 364-A, 302, 201, 380 read with Section 34 of IPC and handed over further investigation to P.W.16 Inspector of police, Kadapa. (vi) During the course of investigation, P.W.16 along with P.W.15 rushed to Penna river. P.W.3 brought the dead body of the boy from the river to canal bund and then P.W.16 conducted inquest over the dead body of the boy near Penna river in the presence of panchayatdars and seized clothes of the deceased under M.O.1 and sent requisition to P.W.14 Assistant Professor, Department of Forensic Medicine, RIMS Medical College, Kadapa for conducting post mortem examination. Ex.P7 is the inquest panchanama. The inquest panchayatdars opined that the deceased boy might have been killed and thrown into the river. (vii) P.W.14 conducted Post Mortem examination over the dead body of the boy and issued autopsy report marked as Ex.P9. P.W.14 preserved viscera and sternum for sending the same to Forensic Science Laboratory. P.W.16 examined P.W.1 and other witnesses, recorded their statements and enquired about the accused and Yamaha motor cycle. (viii) On 24.12.2011 at about 8.00 a.m., A1 and A2 came to P.W.7 Village Revenue Officer, Kadapa and stated that they kidnapped the deceased body and while the boy was crying, they gave him cool drink mixed with brandy and as the boy was still crying, A2 pressed the neck of the boy, while A1 was holding the body and that the boy died and that they have taken away the gold ring and gold chain of the boy and threw the dead body of the boy into Penna River at Sidhout and later they pledged the gold ornaments at Y.V street. P.W.7 reduced the statement of accused into writing marked as Ex.P3 and took the accused to police station and handed over them to P.W.16. P.W.16 arrested the accused and at their instance, seized receipt showing the pledge of gold ornaments, original passport of A1 and motor cycle marked as M.O.4, xerox copy of Registration Certificate of motor cycle and water bottle under cover of seizure panchanama which was marked as Ex.P4. Both the accused led P.W.16 to P.W.10 (owner of gold shop) and P.W.10 gave Ex.P6 receipt of gold ornaments. Then P.W.16 seized gold ornaments M.Os.2 and 3 from P.W.10 under cover of panchanama marked as Ex.P5 and sent both the accused to judicial remand. After completion of investigation, after receipt of opinion from Forensic Science Laboratory and after receipt of Post Mortem Certificate, vide Ex.P9, P.W.16 filed charge sheet against the appellants/accused.
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