T.Amarnath Goud, J. - (1.)These two appeals arise out of the same judgment, namely judgment dated 19.07.2017, passed by the Special Sessions Judge for trial of cases under SCs & STs (POA) Act-cum-VIII Additional Sessions Judge at Nizamabad. Therefore, these appeals are being decided by this common judgment.
(2.)By the said judgment, the learned Judge had convicted Masam Sayanna @ Saireddy @ Saleem (Accused No.1/A-1), Odde Gangaram @ Gandikota Gangaram @ Gangadu (Accused No.2/A-2), and Thogarla Nagesh (Accused No.3/A-3) for offences under Section 302 read with Section 34 IPC, and Section 201 read with Section 34 IPC. For the offence under Section 302 read with Section 34 IPC, the accused persons have been sentenced to life imprisonment, imposed with a fine of Rs.500/-, and in default, directed to undergo a simple imprisonment for one month. For the offence under Section 201 read with Section 34 IPC, they have been sentenced to rigorous imprisonment for five years, imposed with a fine of Rs.500/-, and in default, to undergo a simple imprisonment for one month. It was further ordered that all the sentences and default sentences shall run concurrently.
(3.)Briefly stated, the facts of the case are that on 14.12.2002 at 11:00 A.M., Perumandla Ashok, Kothapally Village Servant, the complainant (P.W.1) lodged a complaint before Karimnagar Rural Police Station, stating that he noticed two unidentified dead bodies in SRSP canal siphon. On the strength of the same, the Sub-inspector of Police (P.W.14), registered a case in Crime No. 302 of 2002 under Section 174 Cr.P.C., and investigated the case. In the meantime, a cousin brother of the male deceased, Kottala Rajeshwar (P.W.3), identified the dead body of Kottala Sayanna, S/o Rajamallu, resident of Padgal Village of Nizamabad District (deceased No.1). According to him, the deceased was a commission agent in cattle trading. He left the house on 01.12.2002 on his scooter, bearing No.AP25E 4427, but did not return. Subsequently, they have seen the scooter of the deceased in newspaper that it was found in SRSP canal water at Renjerla Village, and it was kept at Balkonda Police Station. On their complaint, a case in Crime No.54 of 2002 under the head "Man Missing" was registered at Velpur Police Station.