Brief facts necessary for the disposal of these appeals are follows The deceased S. Mahendara Singh was residing with his mother PW 2 and elder brother PW 1 at Bapunagar within the limits of Sanjeevareddy Nagar Police Station.
PW 4 was the President of the said Bhajana Mandali and the deceased was the Vice President of said Bhajana Mandali.
The appellants and A 1 were also residents of said Bapunagar.
The prosecution alleges on being so called the deceased went outside the house.
PW 10, the Circle Inspector of Police of the said Police Station then took up the investigation.
The said Sessions Judge found the appellants and A 1 guilty of an offence punishable under Section 302 read with Section 34 IPC and sentenced them to undergo imprisonment for life.
With a view to get the samagri, on 30th of April, 1998 at about 11 p.m., the accused persons came to the house of the deceased and asked him to give the said samagri for taking them to Maheswaram for doing Bhajan at the house of the relative where the death had taken place.
The prosecution alleges that when these witnesses went near the victim the accused persons went away threatening these witnesses.
He visited the scene of offence and examined PWs.1 to 4 and recorded the statements in the morning of 1st May, 1998 and after investigation he filed the charge sheet against the accused persons.
It is stated that the deceased refused to give Bhajan samagri for being used outside the locality.
Immediately thereafter PWs.1 and 2 heard the cries of the deceased, hence, they came out of the house when they saw A 2 and A 3 were holding the hands of the deceased and A 1 was stabbing the deceased on the chest.
Being annoyed by the said refusal by the deceased, it is stated that the accused persons went away but came back again at about 11.45 p.m. when the members of the deceased family were sleeping and called the deceased to companye out.
It is the case of the prosecution that there was a death in the family of A 2, hence, he wanted certain samagri for the funeral which was available in the said Bhajana Mandali.
PW 1 thereafter went to Sanjeevareddy Nagar Police Station and gave a written companyplaint Ex.
With Crl.
The prosecution alleges after the accused went away the deceased was removed to Gandhi hospital but he died on the way.
The residents of Bapunagar were managing an Association called Basthi Youth Association which in turn was running a Bhajana Mandali.
A.No.1254/2003 SANTOSH HEGDE,J. The appellants in these appeals were accused 2 and 3 before the 2nd Additional Metropolitan Sessions Judge, Hyderabad in S.C. No.178/99.
Against the said companyviction and sentence, all the accused preferred an appeal before the High Court of Judicature, Andhra Pradesh at Hyderabad which having been dismissed, the two appellants who were accused 2 and 3 have challenged the said judgment of the High Court, while accused No.1 has number challenged the said judgment and companyviction.
