Oral Common Judgment: (D.S.R. Varma, J.)

Heard Sri C.Padmanabha Reddy, learned senior counsel appearing for the appellant-accused and the learned Public Prosecutor appearing for the respondent-State.

2. Since both the referred trial and the criminal appeal are inter-related and arise out of the same judgment, dated 24-07-2007, passed in S.C.No.51 of 2006, they are being heard together and disposed of by this common judgment.

3. Aggrieved by the judgment, dated 24-07-2007, in S.C.No.51 of 2006, passed by the VI Additional District and Sessions Judge (Fast Track Court), Tirupati, Chittoor District, convicting the accused for the offence punishable under Section 302 of Indian Penal Code (I.P.C.) and sentencing him to death with the direction that he be hanged by the neck till he is dead subject to confirmation by this Court, Criminal Appeal No.1018 of 2007 has been filed by the accused challenging the conviction and imposition of capital punishment of death, whereas R.T.No.2 of 2007 has been filed by the Referring Officer-VI Additional District and Sessions Judge (Fast Track Court), Tirupathi, for confirmation of the death sentence passed against the accused in the above case.

4. The facts, in brief, are that the deceased viz., Annuru Kalpana was studying II year M.L.T. Course in Government Degree College, Puttur and the accused was studying II year B.Sc., (BZC) in the same college. The deceased failed in certain subjects and when the accused was informed about the failure of the deceased in certain subjects, he allegedly promised her that he would arrange for her passing in those subjects and in that pursuit, he took the deceased to Tirupati.

5. While the things stood thus, the deceased, allegedly, was in love with one Aruna, who happened to be his relative and a student of Junior College at Srikalahasti. In order to appease her by way of giving some gift, he promised her in that regard and was, in fact, in search of sufficient money for the said purpose. In that process, he found the deceased from whom he wanted to snatch away the gold bangles and other ornaments on her body. Since the same was not possible with her consent, he took the opportunity of her request and taken her to Tirupati. At Tirupati, the accused made the deceased to take rest in a hotel viz., R.K. Rest House. Since the owners (PWs.5 and 6) of R.K. Rest House did not permit both the accused and the deceased to take rest in the same room, he left her alone in the hotel for booking a lodge. Since he had no money, the deceased gave her gold ring to be pledged and to get some money. Accordingly, he pledged the gold ring with PW-7 and brought some money. The deceased also gave a sum of Rs.1,000/- to the accused. On the next day i.e., 04-11-2004, both the accused and the deceased boarded the Bus at Tirupati while proceeding to Railway Kodur and when the bus reached near Kukkaladoddi Forest area situated by the side of Renigunta – Kadapa main road, both of them got down the bus near a hotel after making request with the conductor. At that point of time, he took her to the forest area on the pretext of attending the calls of nature and asked the deceased to accompany him to the forest on the ground that if she stood alone on the road, she would be identified. On that pretext, he took her into the forest and attacked her with a boulder and gave blows on her head due to which she received grievous injuries, but she did not die. Perhaps, thinking that she died, he had taken away her gold bangles and other ornaments.

6. It is also pertinent to mention here that this fact of the accused going along with the deceased was allegedly first noticed by PW-2 and after the attack, while he was coming back on to the road, his clothes were blood-stained and the same was informed to PW-3 and another, since the accused was not answering properly and found in perturbed mood. Consequently, all of them, particularly PWs-2 and 3, took the accused to the hotel of the said Prasad at