Ravindra Reddy vs Shaik Masthan & Ors

For non-payment of subsequent instalments, Finance Corporation employees seized the vehicle on 27-2-1999 when P.W.1 was at Hyderabad. The deceased informed the same to P.W.I on phone. On P.W.1 returning to Nellore, the deceased 4 informed him that he asked A-1 with regard to amount of the car in the college but he did not pay any amount. 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. After completing the class, the deceased approached P.W.3 and complained against A-1 that he was asking for money. Thereupon he asked the deceased as to whether he had to pay any amount to A-1, to which the deceased replied that no amount was due to A-1. Immediately P.W.3 slapped A-1. P.W.17, a student of the college witnessed the said incident. 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 non-payment of instalments by A-3. On the said date, A-1 and A-2 went to the shop of P.W.5 and purchased two kitchen knives, one of "Prestige" company for Rs.220/- and another "Crystal" for Rs.50/-. On 11-3-1999 the deceased went to the college at about 9 AM but did not return from the college till 1.30 PM. On that day at 5 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. Then PW-2 informed him that there are no Maruti cars available and he would inform him whenever cars are available. At about 10 A.M., P.W-6 who is a Mechanic in Auto Nagar and also broker in buying and selling cars found the deceased at the shop of P.W.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 the deceased asked A-1 to get a scooter. A-1 informed him that he would give a scooter which he was using and get another scooter from Amancherla. Then all the three persons left the place at about 1.30 or 2 PM. At that time P.W.17 was also present. P.Ws.7 and 8 saw the deceased and A-1 and A-2 going on a scooter towards Podalakur side. 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. P.W.9 asked them as to why they came there leaving the main road. One of them replied that they 6 came for collecting some medicinal leaves. Then PW-9 left the place. 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. He went to the top of Guru Thippa and found some smoke and got suspicion and returned to his village. As the deceased did not return from the college till 3 PM, P.W.1 went in search of him. P.W.7, a tailor, informed him that he found three persons including the deceased going on a grey colour scooter towards Podalakur and the deceased was sitting in the middle of the scooter. 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.No.27/99 under "Boy Missing" and issued, FIR covered under Ex.P-43. He took up investigation and recorded the statements of PWs 2, 4 and 17 and examined P.W.7 on 15- 3-1999. 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. Then A-1 lead to Ayyappa temple and pointed out A-2. P.W.23 arrested A-2 in the presence of P.W. 11. Thereafter A-1 and A-2 took 7 P.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. He also found burnt shoes, burnt wrist watch, spectacles with gold frame and burnt banian covered under M.Os.1 to 4. He collected all the bones. Meanwhile P.W.1 came to the scene and identified M.Os.1 and 2. P.W.23 prepared observation report covered under Ex.P-44 and held inquest over the skeleton remains in the presence of P.W.1 and Ex.P-45 is the inquest report. On receipt of observation report covered under Ex.P-44, P.W.22, Head Constable, altered the sections of law from "Boy Missing" to Sections 364, 302, 404, 201 r/w 109 IPC. 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 covered under Ex.P-12. He arrested A-3 on 27-3-1999, and examined P.Ws.8 and 9 and recorded their statements on 28-3-1999. He also examined P.W.10 and P.W.5 and recorded their statements on 29.3.1999 and 30.3.1999 respectively. He interrogated A-1 and in pursuance of his confession, knives (M.Os. 7 and 8) were recovered from the house of A-3 apart 8 from seizing Bajaj scooter from the house of A-1 and A-3. Pursuant to the confession of A-2, shirt (M.O.10) and gold chain (M.O.6) were recovered under Ex.P.16 panchnama. PW- 18 who is a Judicial First Class Magistrate, Nellore, conducted test identification parade on 22.5.1999 and deposed that PW- 8 identified A-2 but could not identify A-1 and PW-9 identified A-1 and A-2. On receipt of the reports from the Forensic Medicine, S.V. Medical College, Tirupathi and Forensic Science Laboratory, Hyderabad and after completion of the investigation, PW-24 laid the charge sheet for the offences as noted above. As accused persons abjured guilt trial was held.

21. In view of what has been stated above, the judgment of the High Court is clearly indefensible and is set aside and that of the trial Court is restored. The respondents 1 and 2 shall surrender to custody forthwith to serve the remainder of sentence.

22. The appeal is allowed.