Madasu Shiva Kumar, Mahabubnagar And 3 … vs The State Of Telangana, Rep Pp on 7 April, 2026

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    Telangana High Court

    Madasu Shiva Kumar, Mahabubnagar And 3 … vs The State Of Telangana, Rep Pp on 7 April, 2026

    Author: K. Lakshman

    Bench: K. Lakshman

                HON'BLE SRI JUSTICE K. LAKSHMAN
                                      AND
      HON'BLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY
    
        CRIMINAL APPEAL Nos.1289, 1079 AND 1089 OF 2017
    
                              DATE: 07-04-2026.
    
    Between in Crl.A. No.1289 of 2017:
    Mr. Madasu Shiva Kumar & others                .. Appellants - Accused
                                       Vs.
    The State of Telangana, rep.by its
    Public Prosecutor, High Court at Hyd.     .. Respondent - Complainant
    
    
          The Court made the following:
    
    COMMON JUDGMENT:

    (Per Hon’ble Sri Justice K. Lakshman)

    Heard Mrs. G. Jaya Reddy, learned counsel for appellants –

    SPONSORED

    accused Nos.1, 2 and 5 to 8 in Crl.A. Nos.1289 & 1079 of 2017, Mr.

    P. Prabhakar Reddy, learned counsel for appellants – accused Nos.3

    and 4 in Crl.A. No.1089 of 2017 and Mr. Syed Yasar Mamoon,

    learned Additional Public Prosecutor appearing on behalf of the

    respondent – State.

    2. Crl.A. No.1289 of 2017 is filed by the appellants – accused

    Nos.1, 2, 5 & 6, while Crl.A. No.1079 of 2017 is filed by accused

    Nos.7 and 8 and Crl.A. No.1089 of 2017 is filed by accused Nos.3 and
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    4, challenging the judgment dated 24.08.2017 in S.C. No.394 of 2016

    passed by learned Principal Sessions Judge, Mahabubnagar.

    3. Vide the aforesaid judgment, learned trial Court convicted

    the appellants – accused for the offences under Sections – 148 and 302

    read with 149 of IPC, and accordingly sentenced them to undergo life

    imprisonment for the offence under Section – 302 read with 149 of

    IPC and further sentenced them to undergo simple imprisonment for a

    period of three (03) years for the offence under Section – 148 of IPC.

    4. The case of the prosecution is as under:

    i) Accused Nos.1, 2, 5 and 6 are eking out their livelihood by

    rearing pigs. With regard to the said activity, some quarrels took

    place between PW.6 – brother of the deceased and accused No.1. The

    deceased – Mahesh was elected as Ward Member of Gram Panchayat.

    Since then, the deceased started obstructing the pigs business of the

    aforesaid accused at Balanagar Sandy.

    ii) About two (02) years back from the date of incident, the

    deceased helped accused No.5 in selling his house and took an amount

    of Rs.50,000/- from the parents of accused No.1 forcibly to construct a

    temple. The deceased also imposed penalty against accused No.1 on

    the ground that he committed theft of pigs belongs to the deceased and
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    Crime No.116 of 2014 was also registered for the offence under

    Section – 324 of IPC to that effect. Accused No.1 beat the deceased

    due to the said dispute. In this regard, the deceased took an amount of

    Rs.16,000/- from accused No.1 and compromised the case.

    iii) About 5-6 months back, the deceased beat accused No.1

    alleging that he had stolen the pigs of Madasu Mangamma and sold

    them at Mahabubnagar. In this regard, a panchayat was held in the

    presence of elders, where a fine was imposed on accused No.1.

    iv) On 28.01.2016, Akkamma – sister-in-law of the deceased,

    and others had beat accused No.1 and damaged his auto-rickshaw on

    the ground that he did not pay fine amount. In this regard, a case was

    also registered against Akkamma and 7 others in Crime No.16 of 2016

    for the offences under Sections – 324 and 427 read with 34 of IPC, due

    to which, the deceased bore grudge against accused No.1.

    v) On 13.02.2015, the deceased family members also beat

    accused No.5 and caused head injury. A case in Crime No.33 of 2016

    was also registered against the relatives of deceased for the offence

    under Section – 324 read with 34 of IPC. In the said case, the sister-

    ion-law of the deceased – Ankamma was also sustained severe injury

    to her right hand. Therefore, on her report, a case in Crime No.34 of
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    2016 was also registered against the family of accused No.1 for the

    offences under Sections – 324 and 323 read with 34 of IPC.

    vi) Accordingly, accused No.1 bore grudge against the

    deceased and decided to kill him and also decided to take help of his

    relatives. On 21.02.2016 at 9.00 P.M., accused Nos.1 to 8 were

    gathered in the house of accused No.1, discussed about the acts of

    deceased and decided to kill him on the next day. On 22.02.2016,

    accused No.2 brought an auto-rickshaw bearing No.TS 06UA 7530

    and put the same near their house. As per their pre-plan, accused No.1

    sat in the said auto with knife, while accused No.2 drove the same and

    accused Nos.3, 4 and 6 to 8 were also sat in the said auto-rickshaw

    and observed the movements of deceased. Meanwhile, the deceased

    came from his house to Nandaram Road side, Balanagar Village

    outskirts on walk and smoking the cigarette.

    vii) At 9.00 P.M., they reached near the deceased in the said

    auto-rickshaw and accused No.1 forcibly stabbed the deceased over

    chest, face and throat 5-6 times with the knife, as a result, the

    deceased was about to fell down, accused No.4 caught his both hands

    towards back, accused No.3 stabbed the deceased over chest, throat

    and face 5-6 times with the same knife. As a result, the deceased fell
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    down meanwhile accused No.2 stabbed the deceased with the same

    knife several times. Accused No.5 came to the scene on TVS XL

    Super bearing registration No.AP 22S 3057 and covered as security.

    Accused Nos.6 to 8 were present at the scene of offence and

    encouraged accused Nos.1 to 5 to kill the deceased by making cries.

    As a result, the deceased sustained severe bleeding injuries to his

    chest, face, throat and other parts of the body and succumbed to the

    death on the spot. Thus, accused Nos.1 to 4 were directly participated

    in the offence, while accused Nos.5 to 8 were criminally conspirated

    the crime, and thereby they committed the offences punishable under

    Sections – 147, 148, 302 and 120B read with 149 of IPC.

    viii) On receipt of Ex.P1 – Telugu written report from PW.1 –

    wife of the deceased, PW.12 – the then Sub-Inspector of Police,

    Balanagar Police Station, registered a case in Crime No.46 of 2016

    under Sections – 147, 148 and 302 read with 149 of IPC and issued

    Ex.P10 – express FIR and took up investigation. During investigation,

    he examined PW.1 and recorded her statement under Section – 161 of

    Cr.P.C. On receipt of Ex.P10 – FIR, PW.13 – Inspector of Police,

    conducted further investigation. After completion of investigation, he

    laid charge sheet against the accused for the aforesaid offences. Since
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    one of the offences is exclusively triable by Court of Sessions, learned

    Magistrate committed the said case to the District Court, who in turn

    numbered it as S.C. No.394 of 2016 and made over to the trial Court

    for proceeding with trial.

    5. The trial Court framed charges for the aforesaid offences

    against the accused and then proceeded with trial.

    6. During trial, prosecution examined PWs.1 to 13 and marked

    Exs.P1 to P12 and MOs.1 to 6 were exhibited to prove its case. On

    behalf of the accused, DW.1 was examined and Exs.D1 to D3 were

    marked.

    7. After completion of evidence on behalf of the prosecution,

    all the accused were examined under Section – 313 of Cr.P.C.

    Thereafter, upon hearing both sides, the trial Court recorded

    conviction against the appellants herein for the aforesaid offences and

    accordingly imposed life imprisonment and other sentences of

    imprisonment in the manner stated above. Challenging the said

    conviction and sentences of life imprisonment, the appellants

    preferred the present appeals.

    8. Both the learned counsel appearing on behalf of the

    appellants contended as follows:

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    i) There is no eye witness to the occurrence, and the entire

    case rests on circumstantial evidence.

    ii) There are discrepancies in the testimonies of PWs.1 to 3,

    6, 8, 9 and 10 and they are interested witnesses.

    Therefore, benefit of doubt should be given to the

    accused.

    iii) The family members of the appellants were roped into the

    offence by making omnibus allegations against the

    appellants.

    iv) There is no specific evidence against the appellants in

    respect of the aforesaid offences.

    v) The medical evidence and forensic examination report

    are contrary to the oral evidence adduced by the

    prosecution.

    vi) The accused were implicated falsely for no fault of them.

    vii) Without considering the said aspects, the trial Court

    convicted the accused for the said offences and imposed

    life imprisonment, which is illegal and against the

    evidence on record.

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    With the aforesaid submissions, they sought to set aside the impugned

    judgment recording conviction and imposition of sentence against the

    appellants herein.

    9. On the other hand, learned Additional Public Prosecutor

    would submit as under:

    i. PW.2, PWs.3 to 5 and PW.9 are eye witnesses to the incident.

    There is also circumstantial evidence and they specifically

    deposed with regard to the commission of offences by the

    accused.

    ii. There is motive on the part of the appellants to commit the

    aforesaid offences and the same was proved by the testimonies

    of prosecution witnesses.

    iii. The circumstances relied upon by the prosecution forms a

    complete chain.

    iv. The contradictions and omissions in the prosecution witnesses

    are minor in nature and the same would not tilt the case of the

    prosecution.

    v. The prosecution proved its case beyond reasonable doubt.

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    vi. The trial Court having considered all the said aspects only

    convicted the accused for the said offence and imposed life

    imprisonment. There is no error in it.

    With the aforesaid submissions, learned Additional Public Prosecutor

    sought to dismiss the appeals.

    10. In view above rival submissions, the point that falls for

    consideration by this Court is:

    Whether the conviction and sentences of imprisonment
    recorded by the trial Court for the offences under Sections –
    148 and 302 read with 149 of IPC against the appellants
    herein – accused Nos.1 to 8 are sustainable, both on facts
    and in law?

    11. To prove the guilt of the appellants – accused, prosecution

    has examined PW.1 – the complainant and the wife of the deceased;

    PW.2 – eye-witness and son of the deceased; PWs.3 to 5 and 9 – eye

    witnesses; PW.6 – circumstantial witness and brother of the deceased;

    PW.7 – scribe of the report; PW.8 – panch witness for scene of offence

    and inquest panchanama; PW.10 – panch witness for confession and

    seizure panchanama of accused Nos.1, 2, 3, 5 and 6; PW.11 – the

    doctor, who conducted autopsy over the dead body of the deceased;

    PW.12 – Sub-Inspector of Police, who registered FIR and PW.13 is the
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    Investigating Officer, who conducted investigation and filed charge

    sheet.

    12. Before dealing with the discussion, it would be apt to

    discuss with regard to deposition of the prosecution witnesses.

    13. PW.1, who set the criminal law into motion by lodging

    Ex.P1 – report with police, deposed that she is the wife of the deceased

    and resident of Dommara Colony, Balanagar. Her husband was Ward

    Member of Panchayat and Chairman of Vidya Committee and

    President of Organization for Nomadic Tribes. Her husband used to

    rear pigs for their livelihood. PW.6 is the elder brother of her

    husband. Accused No.1 and PW.6 were having disputes with regard

    to rearing of pigs. In that background, her husband suffered injuries at

    the hands of accused No.1 and the case was ended in compromise. In

    another incident, accused No.1 beat the wife of PW.6 and a case is

    also pending to that effect.

    i) She further deposed that on 22.02.2016 at about 8.30 P.M.,

    her husband went outside to purchase Maaza Cool Drink for their

    children. After bringing the said cool drink, her husband went to his

    brother’s house, while talking over cell phone, then accused came

    there in an auto-rickshaw, while some others came there on
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    motorcycle. Accused Nos.1 to 8 armed with knives and sickles and

    attacked her husband and injured him with knives and sickles. She,

    PW.2, PW.3 PW.4 and PW.9 witnessed the incident. As they were

    shouting, the accused ran away. Then, they took the deceased to

    Government Hospital, Shadnagar in 108 Ambulance. Thereafter, she

    lodged Ex.P1 report with police.

    ii) During cross-examination, she specifically admitted that the

    scene of offence is about 100 yards from their house. She cannot say

    the specific overt act, but first stabbing was on the chest of her

    husband. Ex.P1 got drafted by PW.7.

    14. PW.7, the scribe of Ex.P1 – report, deposed that he went to

    the Government Hospital, Shadnagar to see the dead body of the

    deceased at about 11.30 A.M. on 23.03.2016. PW.1 requested him to

    draft Ex.P1 report about the death of her husband and accordingly he

    drafted Ex.P1 report as per her instructions.

    i) During cross-examination, PW.7 admitted that his house is

    intervened by ten houses from the house of PW.1. He came to know

    about the death of the deceased in the morning hours on 23.02.2016 at

    about 9.00 A.M.
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    15. PW.2, the son of the deceased, deposed in his chief

    examination that there were disputes between PW.6 and accused No.1.

    His father supported PW.6. On 22.02.2016 at 9.00 P.M., his father

    was going towards the house of PW.6, the accused came in an auto-

    rickshaw and attacked him with knives and axes etc and killed him.

    He witnessed the incident. The accused went towards Nandaram Road

    after attacking his father.

    i) Nothing useful was elicited from the cross-examination of

    this witness.

    16. PW.3, daughter of elder brother of the deceased, deposed

    with regard to the disputes between PW.6 and accused No.1 with

    regard to rearing of pigs and on the said aspect, the deceased

    supported PW.6. On 22.02.2016 at 9.00 P.M., she was sitting under a

    tree near her house. PW.9 and PW.4 were present along with her.

    PW.2, PW.5 and Mr. Vamshi Krishna were also with her. At that

    time, the deceased was walking on the road by talking over cell phone,

    then the accused came in an auto-rickshaw and attacked him with

    knives and axes. Immediately, they fled away towards Nandaram side

    in the auto-rickshaw. The deceased died after he was shifted to

    Hospital in 108 Ambulance.

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    i) During cross-examination, she admitted that the deceased,

    PW.6 and her father are real brothers. The house of accused No.1 is

    beyond their house and accused No.1 has to cross to their house to

    reach his house. She denied the suggestion that she did not state

    before the police about the presence of Vamshi Krishna, Venkatesh

    along with her. Ex.D2 is the relevant portion of her 161 Cr.P.C.

    statement.

    17. PW.4, said to be an eye-witness, did not support the case of

    prosecution and, therefore, she was declared hostile and cross-

    examined by learned Public Prosecutor. Nothing useful was elicited

    from her. However, during cross-examination by learned counsel for

    the accused, she admitted that the deceased was having several

    enemies as he was in the habit of threatening others with SC/ST cases

    and extract money.

    18. PW.5 said to be an eye-witness, did not support the case of

    prosecution and, therefore, he was declared hostile and cross-

    examined by learned Public Prosecutor. Nothing useful was elicited

    from her.

    19. PW.9, said to be an eye-witness to the occurrence deposed

    that her house is near the house of PW.1. On 22.02.2016 at about 8.30
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    P.M., she and her neighbours including PW.1 sat in front of the house

    of PW.1. At that time, the deceased walked towards his brother,

    Ramulu and PW.6 while talking over phone. Within five minutes,

    they heard shouts. She rushed towards the place from which she

    heard shouts. There is a layout of vacant sites near the house of

    Ramulu, where she saw accused Nos.1 and 2 stabbing the deceased

    with knives. She cannot identify the other persons who were in the

    auto-rickshaw.

    i) During cross-examination, she admitted that she is the

    daughter of elder brother of the deceased.

    20. PW.6, younger brother of the deceased, deposed with

    regard to having disputes with accused No.2 in respect of rearing of

    pigs. He further deposed that one year at about 10.00 p.m., the

    deceased purchased cool drink bottle for his family members. Then

    the deceased came to his house and later he went to the house of his

    elder brother, Ramulu, while talking over phone, all the accused came

    in an auto-rickshaw and attacked the deceased, stabbed on the chest

    and neck and then the accused ran away towards Nandaram.

    i) During cross-examination, PW.6 admitted that accused No.3

    was there and she shifted the deceased into the Ambulance. Accused
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    No.3 called the Ambulance and also informed to the police from the

    cell phone of his son. Accused No.3 was not in the group of persons

    who killed the deceased. He cannot say individual overt acts of

    accused Nos.1, 2 and 4 to 8.

    21. PW.8 is only a panch and deposed with regard to the

    Inspector of Police conducting scene of offence panchanama vide

    Ex.P4 – scene of offence panchanama in his presence and LW.10. He

    further deposed with regard to conducting inquest over the dead body

    of the deceased vide Ex.P5 and seizure of MOs.1 to 4.

    i) During cross-examination, nothing useful was elicited from

    him.

    22. PW.10 is also a panch witness for confession and seizure

    panchanama of accused Nos.1, 2, 3, 5 and 6, deposed that on

    29.02.2016 at 6.30 hours, the police called him and LW.1 to act as

    panchas and asked them to be at Jadcherla Flyover, where accused

    Nos.1, 2, 5 and 6 were present. On the confession made by accused

    No.1, knife kept under the passenger seat of auto-rickshaw was

    recovered. On the confession of accused No.5, TVS Excel Moped was

    recovered, while on the confession of accused No.2, auto-rickshaw

    bearing No.TS 06UA 7530 was recovered, and they are MOs.1 to 3.
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    They observed blood stains on the back seat of the auto-rickshaw and

    also observed blood stains on the seized knife. Ex.P6 to 8 are

    admissible portions of confessions.

    i) During cross-examination, PW.10 admitted that he did not

    see the accused except in the Court.

    23. PW.11, the doctor, deposed with regard to autopsy

    conducted over the dead body of the deceased on 23.02.2016 between

    12.30 P.M. and 2.00 P.M. According to him, the death was due to

    stab injuries. The injuries noted by him in Ex.P9 – postmortem

    examination report are caused due to sickle or knife.

    i) During cross-examination, he admitted that he did not note

    the nature of weapon which might have caused the injuries. He did

    not see the inquest report.

    24. PW.12, the then Sub-Inspector of Police, Balanagar Police

    Station, deposed with regard to receiving Telugu written report from

    PW.1 and thereafter registering a case in Crime No.48 of 2016 under

    Sections – 147, 14 and 302 read with 149 of IPC vide Ex.P10 – FIR.

    25. PW.13, the then Circle Inspector of Police, deposed that on

    receipt of information from PW.12 about registration of FIR, he
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    secured presence of PW.8 and LW.10 and conducted Ex.P4 scene of

    offence panchanama and drawn rough sketch. Thereafter, he visited

    the Government Hospital, Shadnagar, where he conducted inquest

    over the dead body of the deceased vide Ex.P5. He also examined

    PWs.1, 2 and 4 and seized MOs.4 to 6. He also took steps for

    conducting autopsy over the dead body of the deceased. He also

    examined other witnesses and recorded their statements. He also

    recorded the confessions made by the accused in the presence of

    panch witnesses. He arrested the accused and produced before the

    Magistrate. After receipt of post-mortem examination report, he laid

    charge sheet against the accused.

    26. In view of the aforesaid rival submissions and the evidence

    available on record, as stated above, learned trial Court convicted the

    accused for the offences under Section – 148 of IPC and Section – 302

    read with 149 of IPC. The essential ingredients for commission of

    offence under Section – 148 of IPC are that there should be a

    formation of an unlawful assembly as defined under Section – 141 of

    IPC, that means five or more persons must share a common object, to

    commit an offence, like murder, assault etc.; accused must be a

    member of that assembly; use of force or violence; and armed with a
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    deadly weapon. To invoke Section – 149 of IPC, it must be shown

    that the offence was committed in prosecution of common object, or

    the members knew it was likely to be committed. In this case,

    whether prosecution proved its case beyond reasonable doubt or not

    must be seen and whether learned trial Court was right in recording

    conviction or not.

    27. On perusal of evidence of prosecution witnesses, it is not in

    dispute that the deceased is the husband of PW.1 – complainant. He is

    the Ward Member of 9th Ward and he used to supply pigs. It is also

    clear that both families of the deceased and the accused including

    PW.6 – Mr. Narsimulu, brother of the deceased, depended on pig

    rearing for their livelihood. There were disputes between PW.6 – the

    elder brother of the deceased and accused No.1 regarding rearing of

    pigs. The deceased used to support his brother (PW.6).

    28. According to the prosecution, accused No.1 and 2 are

    brothers. Accused No.5 and 6 are wife and husband and accused

    Nos.1 and 2 are their sons. Accused Nos.3 and 4 are eking out their

    livelihood by doing rearing of pigs and business of sale of pig meat.

    Accused Nos.7 and 8 are the blood relatives of accused No.6.

    Accused Nos.1, 2, 5 and 6 are also eking out their livelihood by
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    rearing of pigs at Bangalore. Since two years prior to the date of

    incident, some quarrels took place between the brother of the deceased

    (PW.6) with the support of the deceased due to the said pigs. The

    deceased was also elected as Ward Member of Gram Panchayat.

    Since then, he started obstructing the pigs business of accused Nos.1,

    2, 5 and 6 as well as sale of pig meat of accused Nos.3 and 4 at

    Balanagar Sandy. It is also the case of prosecution that about two

    years prior to the date of incident, the deceased helped in selling

    accused No.5’s house and taken an amount of Rs.50,000/- from the

    parents of accused No.1. The deceased forcibly took an amount of

    Rs.50,000/- from the family members of accused No.1, to construct a

    Temple. The deceased imposed penalty against accused No.1 by

    alleging that he committed theft of his pigs.

    29. In the year 2014, accused No.1 beat the deceased due to the

    disputes relating to the pigs. A case in Crime No.116 of 2014 was

    also registered under Section – 324 of IPC. In this context, the

    deceased had taken an amount of Rs.16,000/- from accused No.1 and

    compromised the said case. It is also the case of the prosecution that

    about 5 to 6 months prior to the date of incident, the deceased beat

    accused No.1 alleging that accused No.1 had stolen the pig of Madasu
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    Mangamma and sold the same at Mahabubnagar. In this regard, the

    deceased conducted a panchayat before their caste elders and imposed

    fine on accused No.1.

    30. On 28.01.2016, Akkamma and others also beat accused

    No.1 and damaged his auto-rickshaw alleging that accused No.1 did

    not pay the fine amount. In this regard also, a case in Crime No.16 of

    2016 was registered against the said Akkamma & 7 others for the

    offences under Sections – 324 and 427 read with 34 of IPC. On

    account of the said crime, the deceased kept enmity against accused

    No.1.

    31. On 13.02.2015, the deceased family members had beat

    accused No.5 and caused head injury. In this regard also, a case in

    Crime No.33 of 2016 was registered for the offence under Section –

    324 read with 34 of IPC against the relatives of the deceased i.e.,

    Dommari Chinna Ramulu, Dommari Mangamma and Dommari

    Akkamma. In the said incident also, the sister-in-law of the deceased,

    Ankamma had also sustained severe injury to her right hand, for

    which also, a case in Crime No.34 of 2016 was registered for the

    offences under Sections – 324 and 323 read with 34 of IPC against the

    family members of accused No.1. The said cases are under
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    investigation as on the date of filing the charge sheet. Further, the

    deceased obstructed the pigs business of accused No.1 and warned

    him with dire consequences and also obstructed his growth.

    i) It is also further case of the prosecution that accused No.1

    bore grudge against the deceased and decided to kill him with the help

    of his relatives, took the pig cutting knife to Jadcherla and attached a

    rod to the above knife with Gas welding and kept the same in his auto-

    rickshaw. On 21.02.2016 at 9.00 P.M., accused No.1, his mother

    Yadamma (accused No.6), brother (Accused No.2), father (accused

    No.5), uncles (accused Nos.3, 4, 7 & 8) met in the house and

    discussed about the acts of the deceased and decided to kill him on the

    next day. On 22.02.2016, accused No.2 brought the auto-rickshaw

    and put the same near their house. As per their pre-plan, accused No.1

    sat in the said auto-rickshaw with knife, accused No.2 drove the same,

    while accused Nos.3 and 4 also sat in the said auto-rickshaw and

    observed the movements of deceased. Meanwhile, the deceased came

    from his house towards Nandaram road side and smoking the

    cigarette. At 9.00 P.M., they went near the deceased in auto-rickshaw,

    accused No.1 forcibly stabbed the deceased over chest, face and throat

    five to six times with knife, as a result, the deceased ready to fell
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    down, meanwhile, accused No.4 caught both the hands of deceased

    towards back, accused No.3 stabbed the deceased over chest, throat

    and face five to six times with the same knife took from the hands of

    accused No.1. As a result, the deceased fell down, meanwhile

    accused No.2 also stabbed the deceased several times with the same

    knife took from the hands of accused No.3. Then, accused No.5 came

    to the scene on TVS and covered as security. Accused No.6 to 8 were

    present at the scene and encouraged them to kill the deceased by

    making cries.

    32. In view of the aforesaid prosecution case, it is clear that

    there are disputes between the family of PW.6, brother of the deceased

    and the family of accused No.1, and the deceased supported his

    brother. Out of such disputes, accused No.1 appears to have bore

    grudge against the deceased and decided to eliminate him.

    33. Now, coming to the ocular evidence, the prosecution

    examined PWs.1 and 2, said to be the eye-witnesses to the incident.

    PW.1 is the wife of the deceased. She deposed that on the date of

    incident i.e., 22.02.2016 at about 8.30 P.M. when her husband went

    out to his brother’s house while talking over cell phone, accused

    Nos.1 to 8 were armed with knives and sickles and attacked upon her
    23
    KL,J & VRKR,J
    Crl.A. Nos.1289 of 2017 & batch

    husband and injured him with knives and sickles, whereas PW.2,

    minor son of the deceased and PW.1, deposed that on 22.02.2016 at

    9.00 P.M., his father (deceased) was going towards the house of

    PW.6, at that time, the accused came in an auto and attacked his father

    with knives and axes and killed him. PW.3 also deposed simply that

    the accused came in an auto-rickshaw and attacked the deceased with

    knives and axes. PW.1 deposed that the accused attacked upon her

    husband with knives and sickles, while her son (PW.2) deposed that

    they attacked upon his father with knives and axes, and so also PW.3.

    Thus, there are inconsistencies in their evidence. It is the case of

    prosecution that firstly accused No.1 stabbed the deceased forcibly

    with knife and then accused No.3 stabbed him with the very same

    knife and thereafter accused No.2 stabbed the deceased with the very

    same knife. So, according to the prosecution, accused Nos.1, 3 and 2

    used only one knife and with it they stabbed the deceased, whereas as

    per testimonies of PWs.1 to 3, the accused caused injuries to the

    deceased with knives, sickles and axes. In Ex.P4 – scene of offence

    panchanama, it is mentioned that the accused came with knives and

    axes in auto-rickshaw and motorcycles and stabbed the deceased. But,

    the Investigating Officer recovered and seized only one knife i.e.,
    24
    KL,J & VRKR,J
    Crl.A. Nos.1289 of 2017 & batch

    MO.1. Thus, there are serious contradictions with regard to

    participation of all the accused or some accused in the commission of

    offences and using number of knives/axes in such commission.

    34. One more important aspect to be considered is, according

    to the prosecution, accused Nos.1, 3 and 2 participated in stabbing the

    deceased with MO.1 and accused No.4 caught both the hands of

    deceased, while stabbing the deceased by accused No.3, whereas,

    PWs.1 to 3 deposed that the accused came in auto and caused injuries

    to the deceased. They did not depose specific overt acts against each

    of the accused and they simply deposed that the accused caused

    injuries to the deceased with knives and sickles/axes.

    35. It is also the specific case of the prosecution that while

    accused Nos.1 to 4 participating in the commission of offence,

    accused No.5 came to the scene on TVS Moped and covered as

    security, while accused No.6 to 8 were present at the scene and

    encouraged them to kill the deceased by making cries. On this aspect,

    though PWs.1 to 3 stated the names of accused Nos.1 to 4, 7 and 8 in

    their statements recorded under Section – 161 of Cr.P.C., they did not

    depose in their evidence. Therefore, on an analysis of the case of
    25
    KL,J & VRKR,J
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    prosecution and the evidence of PWs.1 to 3, there are omissions,

    inconsistencies and contradictions with each other.

    36. It is also the case of prosecution that on the date of incident,

    when the deceased came from his house towards Nandaram road side

    and smoking the cigarette, at 9.00 P.M. accused No.1 forcibly stabbed

    the deceased. PW.1 deposed that on the date of incident at about 8.30

    P.M., her husband went outside to purchase Maaza cool drink for their

    children, and after bringing the same, her husband went out to his

    brother’s house and while talking over cell phone, accused came there

    in an auto. According to PW.1, there is compound wall around her

    house, which blocks outside view, whereas, according to PW.2, he

    witnessed the incident and accused went towards Nandaram road after

    attacking his father. Neither PW.1 nor PW.2 specifically deposed

    with regard to the exact location/scene of offence as to whether it had

    occurred either in front of the house or on the road. They did not

    specifically depose with regard to their presence as to whether they

    were inside the house or outside the house at the time of incident.

    They simply deposed that on the date of incident, accused came in an

    auto-rickshaw and attacked upon the deceased. Thus, there are

    omissions and inconsistencies in the testimonies of PW.1 and PW.2,
    26
    KL,J & VRKR,J
    Crl.A. Nos.1289 of 2017 & batch

    and the prosecution failed to explain the same. However, PW.3

    deposed that while she was sitting under a tree near her house, PWs.4

    and 9 were also present along with her. PW.2, Venkatesh and PW.5

    were also present with them at the time of incident. But, PW.2 did not

    depose with regard to the presence of PW.3 and others as deposed by

    PW.3. This is yet another contradiction in the evidence of PWs.2 and

    3. PW.3 also did not speak any specific overt acts against each of the

    accused.

    37. It is apt to note that PW.2 is a child witness. As on the date

    of incident, his age is 11 years. In State of Rajasthan v. Chatra 1 the

    Hon’ble Supreme Court while considering all the precedents, laid

    down some principles regarding testimonies given by child witness,

    and the same are as follows:

    “14. The principles that can be adduced from an
    overview of the aforesaid decisions, are:

    a. No hard and fast rule can be laid down qua testing
    the competency of a child witness to testify at
    trial.

    b. Whether or not a given child witness will testify is
    a matter of the Trial Judge being satisfied as to the
    ability and competence of said witness. To
    determine the same the Judge is to look to the
    manner of the witness, intelligence, or lack

    1
    2025 INSC 360
    27
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    thereof, as may be apparent; an understanding of
    the distinction between truth and falsehood etc.
    c. The non-administration of oath to a child witness
    will not render their testimony doubtful or
    unusable.

    d. The trial Judge must be alive to the possibility of
    the child witness being swayed, influenced and
    tutored, for in their innocence, such matters are of
    ease for those who may wish to influence the
    outcome of the trial, in one direction or another.
    e. Seeking corroboration, therefore, of the testimony
    of a child witness, is well-placed practical
    wisdom.

    f. There is no bar to cross-examination of a child
    witness. If said witness has withstood the cross
    examination, the prosecution would be entirely
    within their rights to seek conviction even solely
    relying thereon.”

    38. In view of the above, it is clear that a child is a competent

    witness if they can understand questions and give rational answers.

    Age alone is not a disqualification. Corroboration is not mandatory in

    every case involving a child witness. Conviction can be based on the

    sole testimony of a child, if it is credible. Court must exercise greater

    caution and scrutiny because children are susceptible to tutoring,

    imagination and influence by others. Their testimony should be

    consistent, natural and free from major contradictions. If the child’s

    version appears truthful, it can be relied upon. However, the Court

    should assess the child’s intelligence, ability to recall events,
    28
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    understanding of truth versus falsehood and that the Court must ensure

    the child is not tutored or coached. If tutoring is suspected, testimony

    must be carefully evaluated or may be rejected. In the case on hand,

    perusal of impugned judgment would show that learned trial Court did

    not record anything about PW.2 on the aforesaid aspects.

    39. PW.4 and PW.5, said to be the eye-witnesses to the

    occurrence, did not support the prosecution. During cross-

    examination, nothing useful to the prosecution was elicited.

    40. PW.6, brother of the deceased, also deposed as that of

    PWs.1 to 3. However, during cross-examination, he specifically

    admitted that accused No.3, who was at the scene of offence, shifted

    the deceased into the ambulance. Accused No.3 called the ambulance

    and also informed the Sub-Inspector of Police from the cell phone of

    son of PW.6. He further admitted that accused No.3 was not in the

    group of persons, who killed his brother. His brother was attacked

    with barise (spear). He did not count the number of weapons used by

    the accused. He cannot say individual overt acts of accused Nos.1, 2

    and 4 to 8. He also admitted that his brother’s dead body was in the

    area of house plots opposite his house. The dead body was near the

    road.

    29

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    41. Thus, by virtue of the aforesaid evidence of PW.6, it can be

    inferred that accused No.3 must not have participated in the

    commission of offences as alleged by the prosecution. It is not in

    dispute that, there are disputes between the family of PW.6 and the

    family of accused No.1. Out of such enmity, it would be easy for

    PW.6 to implicate accused No.3 in the commission of offences. But,

    he did not depose any overt acts against accused No.3 and on the other

    hand, he deposed that accused No.3 himself called the Ambulance and

    shifted the deceased into the Ambulance and thereafter called the

    police also. In the light of the said evidence of PW.6 coupled with

    PWs.1 to 3, who did not speak specific overt acts against each accused

    including accused No.3, role of accused No.3 in the commission of

    aforesaid offences, can be ruled out.

    42. Now, coming to the evidence of PW.9, neighbor of

    deceased, deposed that on 22.02.2016 at about 8.30 P.M., she and her

    neighbors including PW.1 sat in front of the house of PW.1. At that

    time, the deceased walked towards his brother (Ramulu, who was not

    examined by the prosecution) and PW.6’s house. Within five minutes,

    they heard shouts. She rushed towards the place from which she heard

    shouts. There is a layout of vacant sites near the house of Ramulu,
    30
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    Crl.A. Nos.1289 of 2017 & batch

    another brother of the deceased. There she saw accused Nos.1 and 2

    stabbing the deceased with knives and some others are there in the

    Auto, but she cannot identify them. During cross-examination, she

    admitted that she is the daughter of elder brother of the deceased. She

    cannot say the name of owner of the auto-rickshaw.

    43. Thus, as per the evidence of PW.9, it is clear that there are

    specific overt acts against accused Nos.1 and 2 only. Taking

    advantage of disputes between the family of the deceased and accused

    No.1, she could have stated the names of other accused also so as to

    implicate them in the present case, but she could not depose in such

    manner and on the other hand, she deposed the specific overt acts

    against accused Nos.1 and 2 only. Moreover, the prosecution having

    examined one brother of the deceased as PW.6 did not choose to

    examine another brother, Ramulu. There is no explanation for the

    same. Even during cross-examination, PW.9 specifically stated that

    she did not see number of auto used and the details including the

    names of some other persons came along with accused Nos.1 and 2.

    44. By virtue of the evidence of PW.6, it is clear that accused

    Nos.1 and 2 must have committed the aforesaid offences and that

    there are no specific overt acts against accused Nos.4 to 8. The
    31
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    prosecution failed to prove the same by producing cogent and

    convincing evidence.

    45. Coming to other evidence, PW.8, panch witness for Ex.P4 –

    scene of offence panchanama with sketch. PW.10 is the panch

    witness for confession-cum-seizure panchanama. According to him,

    the police called him and LW.11 to act as panchas and accordingly

    they went to Jadcherla Flyover, where accused Nos.1, 2, 3, 5 and 6

    were present. As per confession of accused No.1, MO.1 – knife kept

    under the passenger seat of auto was recovered. On the confession of

    accused No.5, MO.2 – TVS Excel Moped was recovered. On the

    confession of accused No.2, MO.3 – auto was recovered. They

    observed blood stains in the auto on the back seat and also on MO.1.

    During cross-examination, by learned defence counsel, this witness

    specifically admitted that he did not see the accused except in the

    Court. However, during re-examination by learned Public Prosecutor,

    nothing useful was elicited. It appears this witness must have gained

    over for the reason the cross-examination was not done on the very

    same day on which his chief examination was done. He was

    examined in chief on 01.05.2017, whereas his cross-examination was
    32
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    Crl.A. Nos.1289 of 2017 & batch

    on 06.06.2017. So, there was gap of more than one month from the

    date of his chief examination till the date of his cross-examination.

    46. As per the evidence of doctor (PW.11) and Ex.P9, death

    was due to stab injuries/sickle or knife. Time of death is 12 hours prior

    to his examination. As per the case of prosecution, the incident took

    place on 22.02.2016 at about 8.30 P.M., whereas, the doctor

    conducted post-mortem examination over the dead body of the

    deceased from 12.30 P.M. to 2.00 P.M. on 23.02.2016. According to

    him, time of death is 12 hours prior to his examination.

    47. PW.13 is the Investigating Officer. He did not seize the

    underwear and deposit in the Court. Perusal of his evidence would go

    to show that he did not take any steps for conducting identification

    parade. In this case, all the prosecution witnesses except saying that

    the accused came and attacked the deceased, they did not depose

    specific overt acts against each accused. However, as discussed above,

    PW.9 only specifically deposed that accused Nos.1 and 2 stabbed the

    deceased with knives.

    48. As discussed above, death of the deceased is not in dispute.

    It is not in dispute that there are disputes between the deceased and
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    accused with regard to rearing of pigs and sale of pig meat. The

    aforesaid two crimes were also registered.

    49. It is settled principle of law that, however grave the offence

    may be, unless the same is proved by the prosecution beyond

    reasonable doubt, the accused is presumed to be innocent.

    50. On an overall analysis of entire evidence of prosecution

    witnesses, it is clear that PWs.1 to 3 stated that all accused attacked

    with knives/sickles/axes and no specific role or overt act assigned to

    each accused. Such vague, sweeping allegations are insufficient for

    conviction, especially in cases involving multiple accused. As stated

    above, the said witnesses deposed using multiple weapons (knives,

    sickles, axes) by the accused in commission of offences, but the

    Investigating Officer seized only one weapon (knife) marked as

    MO.1. The same creates serious doubt about truthfulness of the

    evidence of PWs.1 to 3. PWs.1 and 2 admitted that their house had a

    compound wall blocking view of inmates of the house. Therefore,

    their deposition that they have witnessed the incident becomes less

    reliable. PW.6, brother of the deceased specifically deposed that

    accused No.3 himself called the ambulance, shifted the body and then
    34
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    Crl.A. Nos.1289 of 2017 & batch

    called the police. Such conduct is inconsistent with that of a guilty

    person and it indicates absence of mens rea (guilty intention).

    51. As far as accused Nos.4 to 8 apart from accused No.3 are

    concerned, as discussed above, no specific overt acts are attributed to

    them, and what all PWs.1 to 3 deposed are general in nature. As per

    the evidence of PW.9, only accused Nos.1 and 2 were involved and

    she did not mention the names of accused Nos.3 to 8. Independent

    evidence does not support prosecution case against these accused and

    thereby creates reasonable doubt about their participation. Thus, the

    evidence of prosecution witnesses becomes unsafe for conviction,

    especially against multiple accused. Even the prosecution failed to

    prove prior meeting of minds and active participation of these accused

    in commission of offences. Thus, there is no convincing evidence

    with regard to pre-concert or planning involving accused Nos.3 to 8

    and specific acts showing their participation. Therefore, the case of

    prosecution as per contents of charge sheet that accused No.4 caught

    hands of the deceased, accused No.3 stabbed the deceased over chest,

    throat and face 5 to 6 times with the same knife took from the hands

    of accused No.1, accused No.5 providing security by covering his

    TVS Moped while accused Nos.6 to 8 encouraged them by cries etc.,
    35
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    in the absence of cogent and convincing evidence cannot be believed.

    If two views are possible, the one favourable to the accused must be

    adopted. In view of the same, the evidence on record is omnibus in

    nature, lacking specific overt acts and independent corroboration. The

    material contradictions regarding weapons coupled with doubtful

    presence of key witnesses and failure to establish common intention

    create serious doubt about their involvement. Accordingly, accused

    Nos.3 to 8 are entitled for acquittal by extending the benefit of doubt.

    52. As far as accused Nos.1 and 2 are concerned, there is

    consistency between ocular and medical evidence. There were

    multiple stab wounds on chest, face and throat. PW.9, neighbour of

    the deceased specifically deposed that accused Nos.1 and 2 stabbed

    the deceased with a knife. PW.11, the doctor also deposed with

    regard to the nature of injuries sustained by the deceased and the death

    was due to stab injuries. The doctor further deposed that the stab

    injury is caused by stabbing with a sharp weapon and such injury is

    not possible with sickle, which has a curved point. In the case on

    hand, the police recovered and seized the weapon as in MO.1 is a

    knife. Recovery of weapon is a corroborative circumstance and links

    accused Nos.1 and 2 to the aforesaid offences. It is settled law that the
    36
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    Crl.A. Nos.1289 of 2017 & batch

    evidence of independent witness must have higher value. His

    evidence is consistent with medical evidence.

    53. There was long standing enmity between PW.6 and accused

    No.1 and thereby motive strengthens the case of prosecution.

    Accused No.1 had direct hostility with deceased, while accused No.2,

    brother of accused No.1, acted in concert with accused No.1. PW.9

    specifically deposed that accused Nos.1 and 2 were at the scene.

    There is no material contradicting their presence and role at the scene

    of offence. There is no plausible explanation from Accused Nos.1

    and 2 regarding their presence and circumstances of incident. Thus,

    the prosecution has proved the guilt of accused Nos.1 and 2 beyond

    reasonable doubt through reliable and corroborated evidence, whereas

    the case against Accused Nos.3 to 8 suffers from material

    contradictions, absence of specific overt acts, and lack of credible

    evidence, entitling them to benefit of doubt. Learned trial Court did

    not consider all the said aspects and recorded conviction against all

    the accused.

    54. It is settled law that Test Identification Parade (TIP) is not

    substantive evidence, it is only corroborative. However, TIP becomes

    important when the accused are not previously known to witnesses
    37
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    and identification is made for the first time in Court. In this case,

    PW.9 specifically identified that accused Nos.1 and 2 as persons who

    stabbed the deceased. Her evidence is direct, categorical and reliable.

    Thus, both the families had existing disputes over pig rearing, the

    accused were known persons and not strangers. In such circumstances,

    non-conducting of TIP do not affect the conviction of accused Nos.1

    and 2.

    55. However, it is apt to note that accused No.1 has filed an

    application vide I.A. No.1 of 2021 in Crl.A. No.1289 of 2017, to

    declare him as juvenile as on the date of the incident as per Section –

    7A of the Juvenile Justice (Care and Protection of Children) Act, 2000

    and extend the benefits laid down under the said Act, 2000 and the

    Rules made thereunder to him, alternately issue a direction to the

    respondent to produce Accused No.1 before any Medical Board to

    determine his age as major as he attains the majority, pending disposal

    of the criminal appeal.

    56. Vide order dated 05.01.2022, a Co-ordinate Bench of this

    Court passed an order while sustaining the conviction of accused No.1

    for the offences punishable under Section – 147, 148, 302, 120-B read
    38
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    Crl.A. Nos.1289 of 2017 & batch

    with 149 of IPC, set aside the sentence of imprisonment imposed

    against him and directed to be released him forthwith, if he is not

    required in any other case, by observing thus:

    “This application is filed to declare the petitioner
    as Juvenile as on the date of incident of deciding the
    Juvenility of the petitioner and as on the date of
    incident as per Section 7(A) of Juvenile Justice (Care
    and Protection of Children) Rules, 2007 and extend
    benefits laid down under the provisions of Juvenile
    Justice (Care and Protection of Children) Act
    and
    Rules made there under to the petitioner alternatively
    issue a direction, directing the respondent to produce
    the petitioner/appellant/accused herein before any
    medical board to determine the age of the petitioner
    as major as he attains the majority, pending disposal
    of the Crl.A.No.1289 of 2017.

    Heard both sides and perused the record.

    Smt. G. Jaya Reddy, learned counsel for the
    petitioner/Accused No.1 would contend that the
    petitioner/A1 is aged 17 years, 4 months and 18 days
    as on the date of the alleged offence i.e., 21.02.2016.
    As per Section 2(k) of the Juvenile Justice (Care and
    Protection of Children) Act, 2015, a ‘juvenile’ or
    ‘child’ means a person has not completed eighteen
    years of age. Further, as per Section 2(I) of the Said
    Act, a ‘juvenile in conflict with law’ means a
    juvenile, who is alleged to have committed an offence
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    and has not completed eighteen year of age as on the
    date of commission of such offence. Thus, the
    petitioner/A1 is a juvenile as on the date of alleged
    offence. In view of the same, the trial Court erred in
    convicting and sentencing the petitioner/A1 vide
    judgment, dated 24.08.2017 in S.C.No.394 of 2016
    and ultimately prayed to allow the application as
    prayed for. In support of his contentions, the learned
    counsel had relied on a decision of the Hon’ble Apex
    Court in Lakhan Lal v. State of Bihar [(2011) 2
    Supreme Court Cases 251)].

    Learned Additional Public Prosecutor for the State
    opposed to declare the petitioner/A.1 as juvenile and
    ultimately prayed to dismiss the application.

    Vide order, dated 06.09.2021, passed in I.A.No.1
    of 2021, this Court directed the trial Court to conduct
    enquiry on the juvenility of the petitioner/A1 and file
    a report. The report of the trial Court dated
    01.11.2021, is placed before this Court. A perusal of
    the said report reveals that the trial Court, basing on
    the certificates of the petitioner/A1 i.e., Original
    Bonafide Certificate dated 12.06.2009 issued by the
    Headmaster, Chaitanya Bharathi Model Aided
    School, Telkapally, Original Birth Certificate, dated
    11.03.2020 issued by the Tahsildar, Balanagar
    Mandal and Original Aadhar card bearing No.3725
    5060 6183 etc., held that as on the date of the alleged
    offence, the petitioner/A1 was aged 15 years 2
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    Crl.A. Nos.1289 of 2017 & batch

    months and 09 days. Further, there is no dispute with
    the enquiry conducted by the trial court with regard to
    the juvenility of the petitioner/A1 and also its
    veracity. Similar question came up for consideration
    before the Hon’ble Apex Court in Lakhan Lal‘s case
    (supra) relied by the learned counsel for the
    petitioner/A1, wherein, the Hon’ble Apex Court, after
    discussing the relevant provisions of Juvenile Justice
    Act
    and the case laws on the said topic, held as
    follows:

    Para 18: In the present case, when the
    inquiry has been initiated against the appellants
    herein, they were admittedly ‘juvenile’ even under
    the provisions of 1986 Act but this issue has been
    ignored by the trial Court and as well as the
    appellate Court. There is no dispute whatsoever that
    both the appellants have crossed the age of 18 years,
    yet both the appellants, for the purposes of hearing
    of this appeal continued as if they were to be
    ‘juvenile’.

    Para 19: In Dharambir [(2010) 5 SCC 344:
    (2010) 2 SCC (Crl) 1274] this Court took the view:

    (SCC p.347, para 11)

    “11. It is plain from the language of the
    Explanation to Section 20 that in all pending
    cases, which would include not only trials but
    even subsequent proceedings by way of
    revision or appeal, etc., the determination of
    juvenility of a juvenile has to be in terms of
    41
    KL,J & VRKR,J
    Crl.A. Nos.1289 of 2017 & batch

    clause (I) of Section 2, even if the juvenile
    ceases to be a juvenile on or before 1-4-2001,
    when the Act of 2000 came into force, and the
    provisions of the Act would apply as if the
    said provision had been in force for all
    purposes and for all material times when the
    alleged offence was committed.”

    It is further held: (Dharambir case [(2010) 5 SCC
    344: (2010) 2 SCC (Crl) 1274] this Court took the
    view: (SCC p.348, para 15)

    “15. It is, thus, manifest from a conjoint
    reading of Sections 2(k), 2(I), 7-A, 20 and 49
    of the Act of 2000, read with Rules 12 and 98
    of the Juvenile Justice (Care and Protection of
    Children) Rules, 2007 that all persons who
    were below the age of eighteen years on the
    date of commission of the offence even prior
    to 1-4-2001 would be treated as juveniles
    even if the claim of juvenility is raised after
    they have attained the age of eighteen years
    on or before the date of the commencement of
    the Act of 2000 and were undergoing
    sentences upon being convicted. In the view
    we have taken, we are fortified by the dictum
    of this Court in a recent decision in Harim
    Ram, v. State of Rajasthan [(2009) 13 SCC
    211: (2010) 1 SCC (Crl) 987). Para

    Para 20: Thus this is the complete answer for
    the determination of the issues that have arisen for
    our consideration.

                                  42
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              Para   22:   the   next   question    for    our
    

    consideration is as to what order and sentence is to
    be passed against the appellants for the offences
    committed by them under Section 302 read with
    Section 34 IPC?

    Para 23: Both the appellants have crossed
    the age of 40 years as at present and therefore it will
    not be conducive to the environment in the special
    home and at any rate, they have undergone an actual
    period of sentence of more than three years the
    maximum period provided under section 15 of the
    2000 Act. In the circumstances, while sustaining
    the conviction of the appellants for the offences
    punishable under Section 302 read with Section 34
    IPC, the sentences awarded to them are set aside.
    They are accordingly directed to be released
    forthwith. This view of ours to set aside the
    sentence is supported by the decision of this Court
    in Dharambir [(2010) 5 SCC 344: (2010) 2 SCC
    (Crl) 1274].

    In the instant case, it is borne by the record that the
    age of the petitioner/A1 is aged 15 years, 2 months
    and 9 days as on the date of the alleged offence, as
    per the contents of the report dated 01.11.2021 and
    same is accepted. The correct age of the
    petitioner/A1 was not brought to the notice of the trial
    Court but continued the proceedings under a
    presumption that the petitioner/A1 was 19 years old.
    It is not in dispute that the petitioner/A1 is in judicial
    43
    KL,J & VRKR,J
    Crl.A. Nos.1289 of 2017 & batch

    custody since 24.08.2017 i.e., from the date of
    decision rendered in the subject Sessions Case. It is
    also brought to the notice of this Court that on earlier
    occasion also the petitioner/A1 was in judicial
    custody for more than three months. By this time, the
    petitioner/A1 has crossed 21 years of age.

    Furthermore, the petitioner/A1 has undergone
    imprisonment for more than 4 years, which is more
    than the period prescribed under the Juvenile Justice
    Act
    to detain him in special Home. Therefore, it is
    not conducive to the petitioner/A1 to lodge him in the
    Special Home for any period or to conduct
    proceedings against him afresh in terms of Juvenile
    Justice Act
    . Further, the learned counsel for the
    petitioner/A.1 has not argued on merits and wanted
    this Court to determine the juvenility of the
    petitioner/A1 and grant relief in terms of Lakhan
    Lal
    ‘s case cited by her.

    Under these circumstances, while sustaining the
    conviction of the petitioner/A1 for the offences
    punishable under Sections 147, 148, 302, 120-B
    r/w Section 149 IPC, vide judgment dated
    24.08.2017 passed in S.C.No.394 of 2016 by the
    learned Principal Sessions Judge, Mahabubnagar,
    the sentence of imprisonment imposed against
    him, is set aside. The petitioner/A1 is directed to
    be released forthwith, if he is not required in any
    other case. This application is, accordingly,
    allowed.”

    44

    KL,J & VRKR,J
    Crl.A. Nos.1289 of 2017 & batch

    57. Perusal of the impugned judgment would reveal that

    learned trial Court found not guilty of all the accused for the offences

    punishable under Sections – 120B and 147 of IPC and found guilty of

    the offences punishable under Sections – 148 and 302 read with 149 of

    IPC. However, the Co-ordinate Bench of this Court having observed

    that accused No.1 was a juvenile as on the date of commission of

    offence, inadvertently confirmed the conviction without there-being

    any hearing in the appeal, and also set aside the sentence of

    imprisonment imposed on accused No.1 instead of modifying the

    same in accordance with the Juvenile Justice (Care and Protection of

    Children) Act, 2000.

    58. In view of the specific evidence against accused Nos.1 and

    2 only and no evidence against accused Nos.3 to 8, the essential

    requirement of five or more persons to constitute an unlawful

    assembly is not satisfied. Therefore, conviction under Section – 148

    of IPC is also liable to be set aside. Further, since number of accused

    proved falls below five, the essential requirement of an unlawful

    assembly is not satisfied. Therefore, conviction under Section – 302

    read with 149 of IPC cannot be sustained. However, as accused Nos.1

    and 2 are proved to have jointly committed the murder, their
    45
    KL,J & VRKR,J
    Crl.A. Nos.1289 of 2017 & batch

    conviction is liable to be confirmed under Section – 302 read with 34

    of IPC as against Section – 302 read with 149 of IPC. Thus, the

    impugned judgment is liable to be set aside in so far as accused Nos.3

    to 8 are concerned for the offences under Sections – 148 of IPC and

    302 read with 149 of IPC. As against accused Nos.1 and 2, the

    impugned judgment is also liable to be set aside for charge under

    Section – 148 of IPC, while confirming the conviction against them for

    the offence under Section – 302 read with 34 of IPC as against the

    offence under Section – 302 read with 149 of IPC.

    59. The Criminal Appeal No.1289 of 2017 is accordingly

    allowed in part setting aside the conviction recorded and sentences of

    imprisonment imposed thereof against accused Nos.5 and 6, vide

    judgment dated 24.08.2017 in S.C. No.394 of 2016 by learned

    Principal Sessions Judge, Mahabubnagar, and so also against accused

    Nos.1 and 2 for the offence under Section – 148 of IPC alone, while

    confirming the conviction recorded against accused Nos.1 and 2 for

    the offence under Section – 302 read with 34 of IPC as against the

    offence under Section – 302 read with 149 of IPC, and the sentence of

    life imprisonment imposed against accused No.2 for the said offence.

    However, the sentence of life imprisonment imposed against accused
    46
    KL,J & VRKR,J
    Crl.A. Nos.1289 of 2017 & batch

    No.1 for the aforesaid offence is modified to that of the period

    provided under Section – 15 of the Juvenile Justice (Care and

    Protection of Children) Act, 2000. As stated above, as per the order

    dated 05.01.2022, he was directed to be released forthwith, if he is not

    required in any other case and accordingly he was released on bail.

    i) In view of the above, accused No.1 and 2 are acquitted of the

    charge under Section – 148 of IPC. Fine amounts, if any, paid by

    them in relation to the charge under Section – 148 of IPC are ordered

    to be returned to them after expiry of appeal time.

    ii) As far as accused No.2 is concerned, he is on bail vide order

    dated 25.09.2023 in I.A. No.2 of 2023. Therefore, accused No.2 is

    directed to surrender before learned Principal Sessions Judge,

    Mahabubnagar, within one (01) month from today for serving out

    remaining sentence of imprisonment. If he fails to surrender, learned

    Princpal Sessions Judge, Mahabubnagar, shall take necessary steps in

    accordance with law.

    60. Criminal Appeal Nos.1079 of 2017 filed by accused Nos.7

    and 8 and Criminal Appeal No.1089 of 2017 filed by accused Nos.3

    and 4 are allowed setting aside the convictions recorded and sentences

    of imprisonment imposed thereof against accused Nos.7 & 8 and 3 &
    47
    KL,J & VRKR,J
    Crl.A. Nos.1289 of 2017 & batch

    4, respectively, vide judgment dated 24.08.2017 in S.C. No.394 of

    2016 by learned Principal Sessions Judge, Mahabubnagar.

    i) Accused Nos.3 to 8 are acquitted of the aforesaid charges.

    Bail bonds, if any, furnished by them stand cancelled. Fine amounts,

    if any, paid by accused Nos.3 to 8 are also ordered to be returned to

    them after expiry of appeal time.

    As a sequel thereto, miscellaneous applications, if any, pending

    in these appeals shall stand closed.

    _________________________________
    K. LAKSHMAN, J

    _________________________________
    VAKITI RAMAKRISHNA REDDY, J

    7th April, 2026
    Mgr



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