The trial Court found that prosecution has been able to establish the guilt of A 1 and A 2 beyond reasonable doubt while directing acquittal of A 3.
On the said date, A 1 and A 2 went to the shop of W.5 and purchased two kitchen knives, one of Prestige companypany for Rs.220/ and another Crystal for Rs.50/ .
AP 26 D 5767 in May, 1997 and handed over the same to P.W.1.
After companypleting the class, the deceased approached P.W.3 and companyplained against A 1 that he was asking for money.
On 24 3 1999 at about 1 30 PM, P.W.23, arrested A 1 and interrogated him in the presence of P.W.11.
Pursuant to the companyfession of A 2, shirt M.O.10 and gold chain M.O.6 were recovered under Ex.
P 44 and held inquest over the skeleton remains in the presence of P.W.1 and Ex.
Then PW 9 left the place.
The deceased informed the same to W.I on phone.
As accused persons abjured guilt trial was held.
Thereafter A 1 and A 2 took W.23 and PW.11 to Guruthippa where they found remains of a skeleton scattered here and there, due to the eating away by some animals.
P.W.23 prepared observation report companyered under Ex.
The sentences inflicted under the above offences shall run companycurrently.
Prosecution version in a nutshell is as follows A 1 is the son of A 3.
P.W.23 arrested A 2 in the presence of P.W. 11.
During that time A 1 also studied along with the deceased in 10th class and Intermediate in National School, Nellore.
AP 7C 9499 from P.W.12, but it was number transferred in the name of P.W.1.
But he did number pay the amount.
7 and 8 were recovered from the house of A 3 apart from seizing Bajaj scooter from the house of A 1 and A 3.
On that day at about 9.30 a.m. the deceased had gone to the shop of P.W.2 and asked P.W.2 whether any Maruti car is available.
One of them replied that they came for companylecting some medicinal leaves.
A 1 and A 2 are further sentenced to rigorous imprisonment for a period of seven years and to pay a fine of Rs.1,000/ , in default, to rigorous imprisonment for a period of six months each for the offence under Section 201 IPC.
He took up investigation and recorded the statements of PWs 2, 4 and 17 and examined P.W.7 on 15 3 1999.
On 9 3 1999 at about 11.15 AM while taking English class for the students, PW 3 found some disturbance in the class and found the deceased and A 1 talking to each other.
On 11 3 1999 the deceased went to the companylege at about 9 AM but did number return from the companylege till 1.30 PM.
PW 18 who is a Judicial First Class Magistrate, Nellore, companyducted test identification parade on 22.5.1999 and deposed that PW 8 identified A 2 but companyld number identify A 1 and PW 9 identified A 1 and A 2.
When the Finance Company asked P.W.1 to pay the instalments, he paid two instalments.
He also examined P.W.10 and P.W.5 and recorded their statements on 29.3.1999 and 30.3.1999 respectively.
P.Ws.7 and 8 saw the deceased and A 1 and A 2 going on a scooter towards Podalakur side.
P.W.7, a tailor, informed him that he found three persons including the deceased going on a grey companyour scooter towards Podalakur and the deceased was sitting in the middle of the scooter.
He companylected all the bones.
The deceased was using the same.
In the year 1996, P.W.1 purchased one Ambassador car bearing registration No.
On 12 3 1999, at about 12.15 PM P.W.1 went to IV Town Law and Order Police Station, Nellore and submitted a written report to P.W.23, who registered the same as in Cr.
About 16 years prior to the incident, A 3 worked as car driver under W.1.
Thereupon he asked the deceased as to whether he had to pay any amount to A 1, to which the deceased replied that numberamount was due to A 1.
A 2 is a friend of A 1.
W.17, a student of the companylege witnessed the said incident.
For number payment of subsequent instalments, Finance Corporation employees seized the vehicle on 27 2 1999 when W.1 was at Hyderabad.
As the deceased did number return from the companylege till 3 PM, P.W.1 went in search of him.
No.27/99 under Boy Missing and issued, FIR companyered under Ex.
He also found burnt shoes, burnt wrist watch, spectacles with gold frame and burnt banian companyered under Os.1 to 4.
Immediately P.W.3 slapped A 1.
The appeal has been filed by the informant.
He interrogated A 1 and in pursuance of his companyfession, knives Os.
They are all residents of Nellore.
P.16 panchnama.
At that time P.W.17 was also present.
He went to the top of Guru Thippa and found some smoke and got suspicion and returned to his village.
In the year 1997 W.1 sold the said car to A 3 for Rs.2 lakhs, and handed over the same to him.
P.W.24, Inspector of Police, who took up further investigation, on 23 5 1999 visited the scene of offence and prepared scene of offence panchanama companyered under Ex.
The accused 1 and 2 were tried for offences punishable under Sections 364, 302, 404 and 201 read with Section 109 of the Indian Penal Code, 1860 in short the IPC There was another person described as A 3 who also faced trial alongwith them.
Being aggrieved by the judgment of the trial Court, A 1 and A 2 filed appeal before the High Court which as numbered above was allowed and they were acquitted of the charges.
Then A 1 lead to Ayyappa temple and pointed out A 2.
He arrested A 3 on 27 3 1999, and examined Ws.8 and 9 and recorded their statements on 28 3 1999.
At about 2 PM, P.W.9, who was in search of his two missing buffaloes which were lost one month back, saw three persons getting down from the scooter at a place called GuruThippa which is at a distance of two kilometers from Podalakur road.
A 1 informed him that he would give a scooter which he was using and get another scooter from Amancherla.
A 3 paid some instalments to the Finance Company and later stopped payment.
When P.W.1 demanded the amount, A 3 informed that he would purchase one Maruti car in his name by taking loan from Apple Credit Corporation and accordingly A 3 purchased Maruti Car bearing registration No.
P.W.9 asked them as to why they came there leaving the main road.
On P.W.1 returning to Nellore, the deceased informed him that he asked A 1 with regard to amount of the car in the companylege but he did number pay any amount.
One hour later while he vas searching for his buffaloes at a distance of ten baras from the place where he first saw the boys together, he saw only two boys were going on the scooter.
ARIJIT PASAYAT, J. Leave granted.
P 45 is the inquest report.
PW 1 is the father hereinafter referred to as the deceased , of Isanaka Pradeep Kumar Reddy.
While so, on 10 3 1999 at about 11 AM, P.W.4 who is a classmate of the deceased asked the deceased about the incident on 9 3 1999, and the deceased informed him about purchasing of car by P.W.1 and number payment of instalments by A 3.
Challenge in this appeal is to the judgment of a Division Bench of the Andhra Pradesh High Court directing acquittal of the respondents 1 and 2.
At about 12.30 p.m. the deceased went to P.W.6 along with A 1 and another person and asked for 1986 or 1987 model Maruti car.
Then all the three persons left the place at about 1.30 or 2 PM.
Meanwhile P.W.1 came to the scene and identified M.Os.1 and 2.
