RAMESH MADHAV BAPAT, J. - (1.) The above case of murder was investigated by the Deputy Superintendent of Police, Special Police Establishment, Central Bureau of Investigation, Special Investigation Team, Madras for murder of two persons firstly Deceased No. 1 named Magunta Subbarama Reddy, who was a Member of Parliament, Ongole (hereinafter called as "D-1"), and was elected on Congress-I Ticket in the year 1991 from Ongole Constituency, Prakasam District, Andhra Pradesh and secondly his gunman named Ch. Venkataratnam (hereinafter called as "D-2") who was killed along with D-1 and causing injuries to P.Ws. 1 and 2 during the course of same transaction by the accused. Initially eight persons were shown as accused in the charge sheet. The case against A-5 and A-8 got abated as they died before the commencement of the trial. The case against A-3, A-4, A-6 and A-7 was separated, as they could not be arrested. The trial was conducted only against A-1 and A-2 being the appellants herein.
(2.) The case of the prosecution was that there was a conspiracy in between A-1 to A-8. A-2 was the driver of the vehicle. A-1 participated in committing the offence along with the other accused, who were yet to be tried, as they were absconding. On evidence the learned Judge found A-1 and A-2 guilty of all the charges levelled against them. A-1 was convicted and sentenced to suffer imprisonment for life on two grounds for committing the murder of D-1 and D-2 for the offences punishable under Sections 302, 120-B, 449, 307, read with Section 149, IPC and under Section 27(2) of Arms Act but no separate sentences were passed. A-1 was further convicted and sentenced to suffer R.I. for one year for the offence punishable under Section 147, IPC. A-1 was further convicted and sentenced to suffer R.I. for two years each for the offences punishable under Section 148 and 506, IPC. A-1 was further convicted and sentenced to suffer R.I. for seven years for the offence punishable under Section 397, IPC. He was further convicted and sentenced to suffer R.I. for five years for the offence punishable under Section 25(1-A) of Arms Act. A-2 was convicted and sentenced to suffer imprisonment for life each for the offences punishable under Sections 302, 120-B, 302 read with Section 149 on two counts, 307 read with Section 149, IPC on two counts. He was further convicted and sentenced to suffer R.I. for one year for the offence punishable under Section 147, IPC. He was further convicted and sentenced to suffer R.I. for seven years for the offence punishable under Section 397, IPC. He was further convicted and sentenced to suffer R.I. for two years for the offence punishable under Section 506, IPC and he was further convicted and sentenced to suffer R.I. for five years for the offence punishable under Section 25(1-A) of Arms Act. All the sentences imposed against A-1 and A-2 were made to run concurrently. Aggrieved by the said order of conviction and sentence, the accused-appellants herein have filed the present appeal.
(3.) The prosecution story can briefly be narrated as follows : It is in the evidence of the prosecution witnesses that D-1 Magunta Subbarama Reddy was a Member of Parliament from Ongole Constituency. During his tenure, he established 24 Colleges in Prakasam and Nellore Districts and he was a Philanthropist. He was a big businessman and he was very popular among the public. He was residing in the 3rd lane of Bhagyanagar, Ongole Town. On 1-12-1995 the deceased returned from Markapur after attending some functions and in the afternoon he had to attend two more functions in Ongole Town. P.Ws. 2 and 3 came to invite the deceased Subbarama Reddy to attend the function to be held at Islampet, Ongole. While D-1 was in the bedroom, P.Ws. 1 to 3 went inside the bedroom and after some time. P.W. 13 also went inside the bedroom. All of them coming out of the bedroom, D-2, who was the gunman of D-1, was standing at the entrance and P.W. 1 saw 4 or 5 members having pistols and among them A-1 was having a gun. The assailants were firing on both the deceased and P.Ws. 1 and 2. P.Ws. 1 and 2 sustained bullet injuries and some of the persons were firing at the door curtains, walls and in the air. P.Ws. 1, 2, 7 and 13 alleged to have identified A-1 as he was wearing pink coloured shirt, which was marked as M.O. 10. It is also stated by the prosecution witnesses that one of the assailants, who was wearing pink coloured shirt, had sustained bullet injury and all of them escaped in a white Ambassador Car bearing No. AAK 7041. It is further stated by the prosecution that one Sri J. Srinivasa Rao, Armed Reserve Police Constable, happened to a chance witness, who came to the scene of offence just then and saw the assailants escaping in an Ambassador Car. D-2 was the gunman of D-1. He was in possession of 9 mm pistol. Ultimately the assailants were successful in going away from the scene of offence. During the course of investigation, A-1 and A-2 were arrested. A-1 was arrested in a cashew garden, who had sustained bullet injury to his stomach. On his arrest he was carried to the hospital for treatment. D-1 and D-2 died on the spot. The investigation continued and after collecting the requisite material, the charge sheet was filed.;