GENTELA VIJAYAVARDHAN RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is a case involving death of 23 passengers in a bus. When the Super Express Bus set out its journey from Hyderabad to the terminal Chilakaluribet. None of the passengers nor its driver nor the conductor had any foreboding that the vehicle was heading to a very horrendous tragedy en route. The vehicle was set on fire and 23 passengers were roasted to death, besides a number of other passengers sustained serious burns. The two appellants before us were arraigned for converting the stage carriage into a wheeled inferno motivated by lust for wealth by looting the passengers. Trial Court convicted them and sentenced them to the extreme penalty under law, High Court confirmed the conviction and sentence. They have come up with this appeal by special leave.

(2.) More details of the case: On the fateful day (8-3-1993) the Super express Bus was driven by PW-6 Lakshmi-narayana for operating service on the route Hyderabad- Chilakaluribet. The bus reached near a railway level crossing at Narasaraopet around 4.30 A. M. where it stopped to let two more passengers to board the bus which was already replete with passengers. Just after the bus was in motion again. PW-6 sensed smell of petrol and so he stopped the vehicle to verify the cause of it. Second appellant (Challapathy Rao) was dousing petrol inside the bus. First appellant (Vijayavaradhan Rao) had by then moved out of the bus and was ready with a match box. The fearstricken passengers sprang on their feet and started making tantrums. Then second appellant exhorted the first appellant to get down after lighting the match stick which was implicitly carried out and the automobile was in flames in a trice.

(3.) A handful of passengers could wiggle out of the blazing vehicle in their thirst to live by escaping from the talons of fire. One of them (Baburao-PW-5) was chased by the first appellant and was caught. His trousers (pants) containing some cash in the pocket were forcibly grabbed by the first appellant but in turn he supplied his half burnt pants to PW-5 obviously to cover up nudity. During the same time second appellant chased another passenger (PW-1) and succeeded in intercepting him after covering some distance, and he robbed the wrist watch and case for Rs. 700/- from the victim. The culprits then escaped from the scene with the booty which apparently was a modicum for this dastardly exercise.