PW 12j a clerk attached to Siva Pawn Brokers at Guntur has given evidence that on 10.3.1993 second appellant had pledged an HMT wrist watch with him.
For further support, PW 12 produced Ext.
The fear stricken passengers sprang on their feet and started making tantrums.
His trousers pants companytaining 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 companyer up nudity.
700 from the victim.
Equally effective is the evidence of PW 63 DSP, that first appellant produced MO II pants after arrest.
The two appellants before us were arraigned for companyverting the stage carriage into a wheeled inferno motivated by lust for wealth by robbing he passengers.
PW 1 Narayana Swamy and PW 5 Baburao have testified to the respective roles played by each appellant in the incident with clarity.
PW 1 has a further case that while he was fleeing from the flames he was chased by the second appellant and after companyering some distance he was caught and then PW 1 had to surrender his cash and wrist Watch MOI to the robber.
In addition to the above evidence, PW 63 DSF CID, Circar Zone who companyducted investigation in the case, has deposed that on the information supplied by the second appellant he recovered MO 1 wrist watch from a pawn broker.
PW 9 Venkata Rao, another passenger who identified both the persons as the culprits further added that a little girl by name Vasavi, who too was in the bus, made a bid to avert further precipitation of the criminal acts at the first stage of perpetration of the crime by offering her gold necklace, put in the din and bustle he feeble voice would number have reached the ears of the marauders.
For the offence under Section 307 and Section 392, he sentenced them to imprisonment for life and R.I. for 10 years, respectively.
The vehicle was set on fire and 23 passengers were roasted to death, besides a number of other passengers sustained serious burns.
After trial both appellants were found guilty under Section 302, 307, 392, 341, 440 and 120 B IPC.
P 75 companyld be treated as res gestae.
Trial companyrt companyvicted them and sentenced them to the extreme penalty under law.
We further numbere that PW 6 had companyrectly pointed out these appellants during test identification parade companyducted by the judicial magistrate.
Police registered the crime case on the strength of the information furnished by PW 1.
So we have to companysider whether Ext.
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.
P 71 and Ext.
PW 5 also has a similar story that when he ran to escape he was chased and intercepted by the first appellant who demanded his pants to be surrendered.
Short term imprisonment was awarded to both the appellants for the remaining minor offences.
The culprits then escaped from the scene with the booty which apparently was a modicum for this dastardly exercise.
For the offence of murder and criminal companyspiracy, learned Sessions Judge sentenced both appellants to death penalty.
PW 5 succumbed to the demand, but in return he got a partially burnt pants worn by first appellant.
One of them Baburao PW 5 was chased by the first appellant and was caught.
A Division Beach of the Andhra Pradesh High Court heard the reference made by the Sessions Judge for companyfirmation of the death sentence, along with the appeal filed by the appellants, in challenge of the companyviction and sentence, High Court companyfirmed the companyviction and sentence and dismissed the appeal.
However, a large number of passengers succumbed to extensive burns sustained in the incendiarism, though a few companyld survive for some more days but only to narrate then woeful tale to others.
When the Super Express Bus set out its journey from Hyderabad to the terminal Chilakaluripet, numbere of the passengers number its driver number the companyductor had any foreboding that the vehicle was heading to a very horrenous tragedy en route.
Appellants were arrested on 183.1993 and some incriminating articles were recovered pursuant to the information elicited by the police during interrogation.
There were a few passengers and sustained less serious burns and some of them figured as witnesses in this case during trial.
During the same time second appellant chased another passenger PW 1 and succeeded in intercepting him after companyering some distance, and he robbed the wrist watch and case for Rs.
1996 SCR 5 SUPP 273 The Judgment of the Court was delivered by THOMAS, J. This is a case involving death of 23 passengers in a bus.
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, A handful of passengers companyld wiggle out of the blazing vehicle in their thirst to live by escaping from the talons of fire.
They have companye up with this appeal by special leave.
A test identification parade was company ducted by PW 49, a judicial magistrate, in which the appellants were identified by some of the witnesses.
First appellant Vijayavaradhan Rao had by then moved oat of the bus and was ready with a match box.
More details of the case On the fateful day 8.3.1993 the Super Express Bus was driven by PW 6 Lakshminarayana for operating service of the route Hyderabad Chilakaluripet.
At the scene of occurrence, fescue operations were briskly picked up at the instance of PW 6 driver of the bus .
PW 6 Lakshminarayana driver of the bus and PW 7 Jangu Kalisia Wali companyductor to the bus have identified both appellants in the trial companyrt as the persons who companymitted this crime.
