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2014 Supreme(AP) 1105
IN THE HIGH COURT OF ANDHRA PRADESH AT HYDERABAD
L.N. Reddy and M.S.K. Jaiswal, JJ.
Metta Shankara Rao - Appellants
Vs.
The State of A.P. - Respondent
AND
The State of A.P. - Appellants
Vs.
Metta Shankara Rao - Respondent
Criminal Appeal No. 1265 of 2012 and Referred Trial No. 1 of 2012
Decided On: 15.04.2014
For Appellant/Petitioner/Plaintiff: T. Pradyumna Kumar Reddy, N. Vidya Prasad, Amicus Curiae and Additional Public Prosecutor
For Respondents/Defendant: Additional Public Prosecutor, T. Pradyumna Kumar Reddy and N. Vidya Prasad, Amicus Curiae
The main legal point established in the judgment is the importance of transparency and credibility in the prosecution's case, the need to address internal contradictions in the evidence, and the requirement to examine key witnesses to establish a clear and convincing case.
Headnote:
Homicidal Deaths - Criminal Law - [Section 304-B I.P.C., Section 366 Cr.P.C.] - The judgment discusses the prosecution's allegations against the accused, the evidence presented, and the arguments made by both the prosecution and the defense. The court scrutinizes the events and analyzes them with reference to the settled principles of law, uninfluenced by the background of the accused or the gravity of the crime. The court finds several missing links in the prosecution's case and ultimately sets aside the conviction and sentence handed out to the accused on all charges.
Fact of the Case:
The prosecution alleged that the accused caused the death of seven individuals, including his two minor children, and imposed the capital punishment of death. The accused was previously convicted for the death of his wife and was found guilty of causing the death of his two minor children and two women. The accused's defense was that the deaths were the result of a plan by others to offer human sacrifice of his children to unearth hidden treasures.
Finding of the Court:
The court found several missing links in the prosecution's case, including lapses on the part of material witnesses and the prosecution. The court also noted internal contradictions on material aspects and ultimately set aside the conviction and sentence handed out to the accused on all charges.
Issues: The issues revolved around the credibility of the prosecution's case, the evidence presented, and the arguments made by both the prosecution and the defense. The court addressed the missing links in the prosecution's case and the internal contradictions on material aspects.
Ratio Decidendi: The court's decision was influenced by the lack of transparency on the part of the prosecution, the internal contradictions on material aspects, and the failure to examine key witnesses. The court ultimately found several missing links in the prosecution's case and set aside the conviction and sentence handed out to the accused on all charges.
Final Decision: The Criminal Appeal was allowed, and the conviction and sentence handed out to the accused were set aside on all charges. The court directed the Superintendent of Police to arrange for the accused to be placed in a specific institution for a period of about one year before setting him at liberty.
L. Narasimha Reddy, J.
1. Seven homicidal deaths in a hamlet of a village, in Srikakulam District and this includes, those of two children, three men and two women. The horrific incident can easily be imagined. The prosecution alleged that the accused, by name, Metta Shankara Rao, R/o Mettapeta H/o Nagirikatakam Village, Jalumuru Mandal, Srikakulam District, caused the death of all the seven, including that of his two minor children, a boy and a girl of tender age. The magnitude of the incident is not difficult to assess and naturally, the prosecution has evinced lot of interest. As many as 48 prosecution witnesses were examined and 53 documents were filed. 26 material objects were taken on record.
2. On appreciation of oral and documentary evidence before him, the I Additional District and Sessions Judge, Srikakulam, through judgment, dated 30.04.2012 in S.C. No. 64 of 2011, held the accused guilty of causing all the seven deaths and imposed the capital punishment of death. While the trial Court referred the matter to this Court under Section 366 Cr.P.C., for confirmation, the accused filed Crl. A. No. 1265 of 2012. Both of them are heard together.
3. The accused was employed in C.R.P.F. He was married to Vijayalaxmi, the daughter of P.W. 3 and out of their wedlock, they had two children, Manasa and Divakar. The wife of the accused died in the year 2007. Alleging that the accused herein is responsible for the death of his wife, he was prosecuted in S.C. No. 72 of 2007 by the Court of Assistant Sessions Judge, Srikakulam, under Section 304-BI.P.C. Through its judgment, dated 30.03.2009, the trial Court convicted the accused herein for the offence under Section 304-B I.P.C., and imposed the sentence of Rigorous Imprisonment for seven (7) years. In Crl. A. No. 64 of 2009, the Sessions Court, Srikakulam, suspended the sentence and the accused was released on bail.
4. On 01.12.2010, P.W. 1, the Village Revenue Officer of Nagirikatakam filed a complaint, Ex. P. 1, before the Station House Officer, Jalumuru. He stated that the Village Talayari, by name, Talasamudram Raja Rao, came to him early in the morning and informed that the accused killed not only his two minor children, but also D. 3 to D. 7. He is also said to have informed him that in the process, the accused hurled bombs at various places and set the hayrick of P.W. 9 and Bullock Cart of P.W. 16, on fire. Crime No. 51 of 2010 was registered and investigation was taken up. Almost the entire police administration of the district landed in the village, even before Ex. P. 1 was received and the investigation was taken up. Individual scenes of offence panchanama, inquest and post-mortem were conducted on the respective deceased. The accused is said to have been taken to the police station at 7.00 A.M. on 01.12.2010, and interrogated. He is said to have confessed to the committing of offences alleged against him. After completing the investigation, a comprehensive charge sheet was filed. The case was committed to the Court of Sessions and the trial Court herein framed as many as 17 charges against the accused. Almost all the charges were held proved and punishments of different descriptions were imposed. Since the capital punishment was imposed, rest of them virtually become inconsequential, unless the sentence of death is set aside and he is found guilty of those offences.
5. Initially, on receipt of the reference from the trial Court, this Court requested Sri T. Padyumna Kumar Reddy, to assist it as an Amicus Curiae. Thereafter, Sri N. Vidya Prasad, learned counsel, was entrusted with the State brief by the A.P. High Court Legal Services Committee. Both the learned counsel have addressed arguments at length.
6. Learned counsel submit, at the outset, that the very institution of the case against the accused, is some what extraordinary, in view of the fact that it is only a Village Revenue Officer, P.W. 1, that too, who did not see the occurrence and was in a different village
