G. Krishna Mohan Reddy

1. This appeal is directed against judgment of conviction and sentence imposed in Sessions Case No. 360 of 2007 dated 23.10.2007 on the file of the learned Sessions Judge, Karimnagar.

2. The appellant is the accused and the respondent is the complainant in the Sessions Case. For convenience sake, we refer them as arrayed in the Sessions Case.

3. The Accused was tried for offences punishable under Secs.302, 364, 366-A and 201 IPC whereas he was found guilty of committing the offences punishable under Secs.302, 364 and 201 IPC and acquitted of the offence punishable under Sec.366-A IPC and sentenced to suffer imprisonment for life and to pay a fine of Rs.500/- and in default of paying the fine to suffer simple imprisonment for fifteen days under the first count and to suffer rigorous imprisonment for five years and to pay a fine of Rs.1000/- and in default of paying the fine to suffer simple imprisonment for one month under the second count and further to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.500/- and in default of paying the fine, to suffer simple imprisonment for a period of fifteen days under the last count whereas, aggrieved by the same, the present appeal has been preferred.

4. Before going into the merits of the evidence recorded in the case, it is necessary to note briefly the prosecution case, which is as follows:

5. One Chamanthi @ Sravanthi, deceased (for short deceased) aged 16 years was the daughter of PW-1 and PW-3 (Thallapalli Parsharamulu and Thallapalli Shankaramma) of Raginedu village and she was studying Intermediate first year at Peddapalli. She used to go to the school by auto or bus along with PW-2 and PW-4 Earla Srilatha and Yadagiri Swaroopa. The accused being a resident of Raginedu, where the deceased was also residing, developed love for her but the mother of the deceased was reluctant of it and once scolded the deceased for having conversed with the accused and because of that the deceased was not meeting the accused and consequently, the accused developed a sense of vengeance and hatred towards the deceased. While so, on 5.9.2005, the deceased missed her bus to go to the village and then she boarded an auto and at the first instance she went to PW-6’s photo studio and took photographs and then went to Hindi Pandit college for payment of examination fee, as she intended to appear for Hindi Vidhwan examination. Later while she was returning from the college, the accused induced her to accompany him for a cordial talk and then abducted and took her in an auto to Garrepalli and from there to Sultanpur and from there to SRSP D-86 canal and from there to a segregated place and questioned as to whether she would marry him and on her refusal, the accused pushed her into D-6 canal as a result of which she washed away by heavy flow of water. The accused then silently went to the village and remained calm. Since the deceased did not return home and was not found inspite of searching for four or five days, the father of the deceased lodged a report with PW-12 Sub-Inspector of Police, Peddapalli Police Station who thereby registered the case in Cr.No. 183 of 2005 under the head “Girl Missing” and did some part of the investigation of the case. Further as there was no progress in the investigation of the case, the parents of the deceased filed writ petition to give necessary directions to the police, following which the police intensified the investigation. Further the accused on 15.8.2006 at about 8.30 p.m. having been afraid of the sitution, went to PW-8 Veeranna and PW-9 Thangeda Rajeshwar Rao at the Chowrastha of the village and made extra judicial confession before them about his love affair with the deceased, his developing hatred for her and throwing her in the canal resulting in her death and in turn PWs 8 and 9, went to the Police Station at Peddapalli and informed about the extra judicial confession of the accused to the poli