IMPORTANT POINT
Conviction can be based on sole evidence of a witness if cogent and trustworthy and corroborated by medical evidence and recovery of articles.

Judgment :-

Dipak Misra, J.

Calling in question the legal propriety of the judgment of conviction and order of sentence passed in Criminal Appeal No. 990 of 2005 by the High Court of Judicature, Andhra Pradesh whereby the Division Bench has concurred with the conviction and the imposition of sentence by the learned Principal Sessions Judge, Medak at Sangareddy in S.C. No. 79 of 1998 wherein the learned trial Judge, after finding the appellant along with one Koninti @ Yerrolla Veeraiah, A-1, guilty of the offences punishable under Sections 302 and 404 read with 34 of the Indian Penal Code (for short “IPC”), had sentenced each of them to undergo rigorous imprisonment for life on the first count and three years on the second score.

2. Shorn of unnecessary details, the case of the prosecution as unfolded is that on 9.2.1997 in the morning hours Koninti @ Yerrolla Veeraiah, A-1, and Kusti Malliah, A-2, took the deceased, Neelagiri Parvamma, with them Shiver in the Thimmaiapally hillocks. Kusti Yellaiah, PW-6, eye witness to the occurrence, had accompanied them. The accused persons and the deceased consumed liquor and, thereafter, both the accused removed her clothes, ravished her and assaulted her. The said action of the A-1 and A-2 was objected to by PW-6, but he was pushed away and being scared he went and stood at a distance of approximately 300 yards. Thereafter, both the accused persons stole the gold and silver ornaments and brutally assaulted with stones, as a consequence of which she sustained injuries and succumbed to the same. PW-6, being panicky-stricken, ran away from the spot. On the next day, i.e., 11.2.1997 about 8.00 a.m. PW-1, P. Vittal Reddy, the Village Administrative Officer, Thammaiahapally, coming to know about the dead body of a woman lying in the forest, from a village shepherd, rushed there and found the dead body of the deceased lying half naked. He returned from the forest and about 11.30 a.m. and gave the information at Papannapet Police Station. On the basis of said information the investigating agency proceeded to the spot, prepared the inquest report, registered an FIR under Section 302, IPC, sent the dead body for post mortem and after PW-4, Neelagiri Bhoomiah, husband of the deceased and PW-5, Neelagiri Mogulamma, daughter of the deceased, identified the photograph and small cloth purse to be that of the deceased, recorded their statements. On 7.5.1997, the accused persons were arrested and 30 gold gundlu weighing about half tula was seized from the custody of A-1 and two silver anklets and one hand bolukada weighing about 22 tulas from the possession of A-2. On that day itself the statement of PW-6, who was an eye witness to the incident, was recorded. After completion of investigation charge-sheet was laid before the competent Magistrate who, in turn, committed the case to the Court of Session. The accused persons denied the charges, pleaded innocence and claimed to be tried.

3. The prosecution, in order to bring home the charges, examined as many as 14 witnesses and got marked exhibits P-1 to P-11 and also MO-1 to MO-9. On behalf of the accused Ext. D-1 to D-3, the contradictions in the statements of PWs-4 and 5 were marked.

4. The learned trial Judge, after considering the evidence on record, came to the conclusion that the prosecution had been able to establish the guilt of the accused persons for the offences punishable under Sections 302 and 404 read with 34 IPC and convicted them to suffer imprisonment as has been referred to hereinbefore.

5. Challenging the judgment of conviction and order of sentence, A-1 preferred Criminal Appeal No. 909 of 2002 wherein the High Court, analyzing and appreciating the ocular and documentary evidence on record, came to hold that the finding of guilt recorded by the learned trial Judge on the basis of the sole testimony of PW-6 could not be faulted. Being of this view the High Court dismissed the appeal and confirmed the conviction and sentence. It is wort