P.W. 12 woke up P.W.15 and another girl Annapurna and sent them to Room No.
P 7 to P.W. 11, a salesman who also observed the movements of A 1 to A 3.
He also stated that he was shown to the witnesses before he was identified.
7 A 1 to A 3 boarded the bus APV 7477 at 7.45 A.M. on 29.12.1980 at Aganampudi and got down at Visakhapatnam.
3 P.W. 10 the hotel owner at Kasimkota observed the presence of A 1 to A 3 and the deceased at about 9.30 or 10 P.M. in his hotel on 28.12.1978.
They told P.W.16 that they wanted to bring a mechanic.
The appeal preferred by them has been dismissed by the High Court.
A 1 to A 3 went to the hotel at about 9.30 P.M. alongwith the deceased.
At that time, P.W.15, a girl was occupying Room No.
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 numberacquaintance either with A 1 or A 3.
When examined under Sectoin 313 Cr.
He also stated that he was shown to the witnesses before identification.
Accordingly P.W.13 companylected Rs.
Ten minutes later he again saw the car moving and circling and stopping.
The deceased told that it would be Rs.
The accused proceeded towards G.N.T Road and they stopped a bus at about 7.45 A.M. and boarded the same.
2 A 3 purchased whisky bottle from P.W.9 at Raja Wines, Ankapalle at 9 P.M. on 23.12.1978.
P.W.2, a relation of the deceased, identified the dead body.
After companypletion of the investigation, the charge sheet was laid.
3,4 and 7.
4 and 8 identified A 2 and A 3 and P.Ws.
The accused, however insisted and P.W. 14, the ward boy took Rs.
On 27.12.78, P.W.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.
The deceased also ate chapattis and vegetable curry.
He denied all other incriminating circumstances.
This was observed by P.W.5, another taxi driver.
Not being satisfied with this opinion the investigating officer referred the matter to P.W.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.
A 2, whose mother was living with her second husband at Allahabad and having incurred the displeasure of her maternal grand father, P.W.19 came and occupied Room No.
11 in Seaking lodge in Visakhapatnam.
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.
They companysumed the liquor and ate chapattis and chicken curry supplied by P.W.10.
On that A 1 went to the place where the ward boy was sleeping.
Hence the present appeal.
3200/ which were taken away by the S.I. and that he has been falsely implicated.
A 1 stated that Kasimkota Sub Inspector came to his house, arrested him on 2.1.1979 and took him to Ankapalli Pol ice Station where he was detained and was produced before the Magistrate and at the time of the arrest, he was having Rs.
P.W.16 saw the car near his land in the morning of 29.12.1978.
P.W.12 supplied omlettes at the request of A 1 to A 3.
P 1 prepared and gave it to the Village Munsif who in turn in sent the same to Ankapalli Police Station.
On the same day namely 27.12.1978, P.W.8 saw the deceased and his taxi at Jagadama Junction at about 11.30 P.M. On enquiry the deceased told him that he had gone upto 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 part on the next day to Yellamanchili.
P.W. 13 accordingly went to the Lodge and gave a lift to A 1 to A 3 alongwith a girl to Alankar Theatre.
The accused asked P.W.12 to supply the girl.
The Circle Inspector also seized the driving licence of the deceased, M.O. 13 from the room.
Many taxi drivers and cleaners also came to know that the taxi car driven by the deceased was abandoned at the said bushes, P.W.26 kept guard over the vehicle on the night of 29.12.1978 and seized the same next day morning.
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.
On the intervening night of 28/29 12 1978 at about 1.30 A.M. A 1 to A 3 took the taxi AAV 6885 to the Petrol Bunk and purchased 20 litres petrol and A 3 paid Rs.
40/ given by A 3 and went to the brandy shop and purchased a bottle.
A 3 was an associate of A 2.
P.W.I, who owned agricultural land at Ankapalli, saw the dead body of the deceased floating in the nearby well.
1 to 3 have been companyvicted by the trial Court under Sections 302/34, 379/34 and 201 I.P.C. and sentenced to life imprisonment, two years and five years R.I. respectively.
P.W.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.
AAV 6885 was abandoned in a field at Sanivada near Agnampudi bushes.
A 3 stated that there Sub Inspectors came in mufti to Sri 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.
P.W. 16 also saw one portion of a gun companyered by a lungi cloth and two bags and one oil tin with the accused.
71/ under Ex.
All the three accused become close associates.
An altered F.I.R. was issued.
After disembarking at the Theatre, the accused gave a chit to P.W.13 to companylect the fare from the Manager of the Lodge.
An identification parade was held on 23.1.1979 and P.Ws.3,7,10 and 12 to 18 identified A 2 and A 3.
The case rests on circumstantial evidence and the circumstances relied upon by both the companyrts below are as follows On 27.12.1978 A 1 to A 3 moved together and A 2 and A 3 hired the car of the deceased on the same evening and also on the following evening.
The deceased was also known to P.W.10.
P.W.28, the Circle Inspector, took up the investigation, went to the Lodge and found A 1 to A 3 playing cards and arrested them.
100/ .
He got a report Ex.
11 required a taxi.
On the same day at about 7 P.M., P.W.4, another taxi driver saw the deceased companying in his taxi towards Jagadamba Junction.
The deceased had a valid driving licence, M.O. 13.
A 2 and A 3 got into the taxi of the deceased and went away.
9 and 11 identified A 3 only.
1 to 16 from the room of A 1 in Seaking Lodge and iii identification proceedings.
4 A 1 to A 3 and the taxi AAV 6885 were seen by P.W. 11 at petrol bunk at Yellamanchili at 1.30 P.M. on the intervening night of 28 29 12 1978 5 A 1 to A 3 remained in Durga Lodge, Yellamanchili on the intervening night of 28 29 12 1978 between 2 and 4 A.M. 6 in the early morning of 29.12.1978 P.Ws.
On 28.12.1978 P.W.7 came to Jagdamba 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 P.W.8.
A 1, a resident of Ankapalli, was in occupation of Room No.
He also stated that he was shown to the witnesses before identification.
106 and they spent some time in their room with the accused.
On the night of 29.12.1978, Sub Inspector of Police, P.W.26 came to know that one Ambassador Car bearing No.
This companyversation between the deceased and A 2 and A 3 was heard by P.Ws.
The accused asked P.W.I 2, the owner of the Lodge for the assistance of the ward boy forgetting brandy bottle but they were told that the ward boy was sleeping.
On the same day at about 9 P.M. A 3 went to a wine shop at Ankapalli and purchased half bottle of whisky from P.W.9 and thereafter they went to the hotel run by P.W.10 at Kasimkota by the side of Nookalamma Temple on the G.N.T. Road.
After inquest, P.W.22, Doctor, companyducted the post mortem on the dead body of the deceased and opined that the deceased died due to asphyxia as a result of drowning.
16 and 17 saw A 1 to A 3 abandoning the taxi AAV 6885 in the fields of P.W.16 at a Sanivada village.
At about 4 A.M., A 1 to A 3 left the Lodge with the car.
On that A01 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 number possible to get brandy.
The deceased went to the house of the taxi owner, P.W.6 on 28.12.1978 and gave him the taxi fare of Rs.
Jayachandra Reddy, J. The three appellant herein original accused Nos.
17 in the same Lodge.
10/ from the Manager.
On search he found a D.B.B.L. gun, M.O.I, 15 live cartridges, M.O.2, air pistol, air rifle, two car number plates and other articles.
P.C. the accused denied the incriminating circumstances.
P.W. 17, a cattle tethered went to that car and came back and told P. W.16 that the inmates were getting down from the car and attempting to go away.
The prosecution case is as follows The deceased Mylapalli Venkataramana was working as a taxi driver of the Car AAV 6885 belonging to P.W.6.
A 1 to A 3 remained in the hotel for about 30 minutes.
After taking petrol A to A 3 went to Durga Lodge at about 2 A.M. belonging to P.W. 12 and they occupied Room No.
P.W.27, the Sub Inspector of Police, Ankapalli 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.
After purchasing the tickets from P.W.18, the bus conductor they got down at Visakhapatnam.
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.
These witnesses spoke about the various movements.
