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2008 Supreme(AP) 1

2008 (1) ALD (Crl.) 556 (AP)
In the High Court of Judicature, A.P. at Hyd.
B. Seshasayana Reddy, J.
M. Venkata Raju and others - Appellant
Versus
State of Andhra Pradesh - Respondent
Crl. A No.909 of 2003
Decided On : February 1,2008

Advocates appeared:C. Praveen Kumar, Counsel for the Appellants; Additional Public Prosecutor, Counsel for the Respondent.

Headnote:

Indian Penal Code, 1860 –Sections 148, 307, 149, 304 Part I – Conviction – Challenged – Criminal appeal is directed against judgment passed in S.c. on file of ill Additional District and Sessions Judge, Fast Track Court, whereby and whereunder Additional District and Sessions Judge found Al , A2 , A3 , A4 and AS guilty for offences under Sections 148, 307 read with 149 IPC and further found Al guilty for offence under Section 304 Part I IPC, A2 to AS under Section 304 Part I read with 149 IPC and convicted them accordingly and sentenced A 1 to AS to suffer RI for 3 years and pay a fine in default to suffer SI for 6 months each for offence under Section 148 IPC – Al to suffer RI for 10 years and pay a fine in default to suffer SI for one year and for offence under Section 304 Part I IPC, A2 to AS to suffer RI for 10 years and pay a fine in default SI for one year for offence under Section 304 Part I read with 149 IPC and Al to AS to suffer RI for 10 years and pay a fine of in default to suffer SI for one year for the offence under Section 307 IPC – Held, Court cannot approve of the approach of the trial Court because the version disclosed in report is quite different from the version disclosed by P.W.2 in his deposition before the Court and this discrepancy cannot be said to be merely clarificatory – Once the scene of offence itself becomes doubtful and the solitary testimony of P.W.2 comprises embellishments and improvements on vital aspects, the conviction basing on the solitary testimony of P.W.2 cannot be sustained – Conviction of the appellants/accused for the offences under Sections 304 Part I, 304 Part I read with 149, 307 read with 149 and 148 IPC is not legal and proper and the same is liable to be set aside – Criminal Appeal Allowed

JUDGMENT :- This criminal appeal is directed against the judgment dated 28th August 2003 passed in S.c. No.96S of 2002 on the file of ill Additional District and Sessions Judge, Fast Track Court, Ranga Reddy District, whereby and whereunder the learned Additional District and Sessions Judge found Al-M Venkat Raju, A2-Adepu Mahesh Kumar, A3-Adepu Satyanarayana, A4-Mulka Gangaram and AS-Silver Sreenu guilty for the offences under Sections 148, 307 read with 149 IPC and further found Al guilty for the offence under Section 304 Part I IPC, A2 to AS under Section 304 Part I read with 149 IPC and convicted them accordingly and sentenced A 1 to AS to suffer RI for 3 years and pay a fine of Rs.500/-; in default to suffer SI for 6 months each for the offence under Section 148 IPC; Al to suffer RI for 10 years and pay a fine of Rs.1,000/-; in default to suffer SI for one year and for the offence under Section 304 Part I IPC, A2 to AS to suffer RI for 10 years and pay a fine of Rs.l ,000/- each; in default SI for one year for the offence under Section 304 Part I read with 149 IPC and Al to AS to suffer RI for 10 years and pay a fine of Rs.1,OOO/- each; in default to suffer SI for one year for the offence under Section 307 IPC. All the substantive sentences have been directed to run concurrently. However, the learned Additional Sessions Judge found A6-M Lalitha not guilty for all the offences and acquitted her accordingly.

2. The prosecution case, as disclosed by P.W.2, in brief is :

A6-M Lalitha is wife of A I-M Venkat Raju. A2 and A3 are brother and father respectively of A6. A4 is junior paternal uncle of A 1. AS is maternal uncle of A6. A1 and A6 resided in a house which is behind the house of P.W.2-Dinesh Goud who is a Police Constable in Shainathgunj Police Station. Shyam Rao Goudwas a friend of P.W.2. P.W.2 developed intimacy with A6. On 24.4.2001 A6 telephoned P.W.ll-Mukesh Sarda whose shop is located opposite to Shainathgunj Police Station and asked him to call P.W.2. Since P.W.2 was not available in the police station, P.W.11 asked A6 to inform him the message, if any, could be conveyed to P.W.2. A6 asked P.W.11 to inform P.W.2 to go over to the house of Shyam Rao Goud. P.W.11 conveyed the message to P.W.2 on the same day at 6 p.m. It is alleged that A6 went to the house of Shyam Rao Goud and waited for the arrival of P.W.2. P.W.9-Gyara/a Parijata on coming to know of the intimacy of A6 with P.W.2, showed her reluctance for stay of A6 at her house and therefore asked A6 to go away. Thereupon, A6 wrote a letter and gave it to P.W.9 for being passed on to P.W.2. Shyam Rao Goud returned home and learnt from P.W.9 that A6 came and handed over the letter for being passed on to P.W.2. P.W.2 came to the house of Shyam Rao Goud and thereupon P.W.9 handed over the letter given by A6. P.W.9 abused P.W.2 for making people like A6 to come to her house. P.W.2, after receipt of the letter came out of the house of Shyam Rao Goud. P.W.2 and Shyam Rao Goud went to the house of A3, who is father of A6, to question her for demanding Rs.3.00 lakhs through the letter. Finding difficulty in locating the house of A3, they were about to return from the locality where the house of A3 situates. Then the younger brother of A6 sited P.W.2 and Shyam Rao Goud and enquired them and learnt that they were searching for the house of his father. He lead P.W.2 and Shyam Rao Goud to the house of A3 who is his father. A3 extended all Courtesies such as giving water, and asked them the purpose of their visit to his house. P.W.2 and Shyam Rao Goud informed him that A6 demanded Rs.3.00 lakhs and they showed the letter to A3 and thereupon A3 asked them to wait till the arrival of AI, who is the husband of A6. In the meanwhile Al came and took them inside the house. Again they were extended all Courtesies such as giving drinking water. He enquired them the purpose of their visit to the house. P.W.2 told Al that A6 gave a letter demanding him to pay money and showed the let









































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