2017 Supreme(AP) 361
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
SANJAUY KUMAR, SHAMEEM AKTHER, JJ.
Gopu Srinivas Reddy @ Parandamulu, S/o. Limbaiah - Appellant
Vs.
The State of Andhra Pradesh, Rep. by Public Prosecutor - Respondent
CRIMINAL APPEAL No. 114 OF 2011
Decided On : 11-08-2017
For the Appellant : Smt. Gayatri Reddy
Headnote:
Code of Criminal Procedure, 1973 -Section 374 Indian Penal Code, 1860 Section 302- Offence of Murder -Case of homicidal death by drowning allegedly committed by her own son-in-law, who is the appellant herein, pushing her into an agricultural well near Pharmacy Colleget since she forced him to reveal the whereabouts of her missing elder daughter. appellant hailing from an agricultural family, studied upto 10th Class, worked under a Commission Agent, married. The appellant developed physical relationships with several women of lose character and in order to meet the expenses, he resorted to committing thefts which forced his first wife to return back to her parental abode. Later, he fell in love, elder daughter of Smt. -deceased, married her and stayed with her, continued to commit theft of vehicles and got arrested by Police. After release from jail, he and his wife migrated and settled down in a rented house. While so,he came in contact with a tractor driver- and along with his brother-in-law, started committing theft of several vehicles. His wife- suspected his fidelity due to his physical relationship with women of loose character and started questioning him about his activities, leading to altercations between them, which made him to get vexed up with her –Held Director General Police shall direct all the Subordinate Officers, particularly the Investigating Officers, to collect the samples from the dead body, i.e., hair, tissues, blood, bloodstains, etc., and send them for DNA test for authentic identification of the deceased persons. The Registry is directed to communicate the copy of judgment to the Director General Police who in turn, shall communicate the same to all their Subordinate Officers including the Investigating Officers for compliance. Appellant is acquitted of the charge framed against him, and consequently, the conviction and sentence recorded against the appellant for the said charge by the trial Court in Sessions Case vide judgment is set aside. The Criminal Appeal is allowed accordingly. Since the appellant is on bail, he is directed to report before the Superintendent, Central Prison, Warangal, forthwith to set him free as per the procedure established, if he is not required in any other case –Appeal is Allowed.
Shameem Akther, J.
This Criminal Appeal is filed under Section 374(2) of the Code of Criminal Procedure, 1973 (for brevity, Cr.P.C.) questioning the judgment dated 13.01.2011, passed by the learned Principal Sessions Judge, Warangal (for brevity, the trial Court) in Sessions Case No.106 of 2008, whereby the trial Court convicted the appellant-accused under Section 235(2) Cr.P.C. for the offence punishable under Section 302 of the Indian Penal Code, 1860 (for brevity, I.P.C.) and sentenced him to undergo imprisonment for life till the rest of his life without any remission and also to pay fine of Rs.10,000/- (Rupees ten thousand only) with a default sentence of simple imprisonment for a period of three and half years.
2. Heard Smt. A.Gayatri Reddy, the learned counsel appearing for the appellant, and the learned Public Prosecutor appearing for the State.
3. The case of the prosecution is as follows:
(a) This is a case of homicidal death of B.Laxmi by drowning allegedly committed by her own son-in-law, who is the appellant herein, on 18.04.2007 at about 4-30 hours by pushing her into an agricultural well near Talla Padmavathi Pharmacy College, Rangashaipet, since she forced him to reveal the whereabouts of her missing elder daughter-Renuka. The appellant hailing from an agricultural family, studied upto 10th Class, worked under a Commission Agent at Kamareddy, married Ms. Venkata Laxmi of Begumpet. The appellant developed physical relationships with several women of lose character and in order to meet the expenses, he resorted to committing thefts which forced his first wife to return back to her parental abode. Later, he fell in love with Ms. Renuka, elder daughter of Smt. B.Laxmi-deceased, married her and stayed with her at Karimnagar, continued to commit theft of vehicles and got arrested by Siddipet Police. After release from jail, he and his wife-Renuka migrated to Bheemaram, Hanamkonda and settled down in a rented house. While so, he came in contact with a tractor driver-B.Raju and he along with his brother-in-law, B.Anjaneyulu and B.Raju started committing theft of several vehicles. His wife-Renuka suspected his fidelity due to his physical relationship with women of loose character and started questioning him about his activities, leading to altercations between them, which made him to get vexed up with her. On 25.08.2006 at about 04-00 hours, he took his wife-Renuka by a car to the outskirts of Ammavaripet, pushed her into a big quarry pit filled with water, concerning Crime No. 115 of 2006 of Madikonda Police Station registered under Section 174 Cr.P.C. for the offences punishable under Sections 302 and 201 I.P.C., which ended in his conviction and sentence to imprisonment for life in Sessions Case No.787 of 2007 on the file of the II Additional Sessions Judge, Warangal.
(b) Later, the appellant fell in love with Ms.Haritha of Kesamudram and married her at Tirupathi. Subsequently, he shifted Mrs. B.Laxmi (mother-in-law) and her family from Komuravelli and kept them at Bheemaram. However, B.Laxmi continued to pressurize the appellant to reveal the whereabouts of her missing elder daughter-Renuka and forced him for money as she got indebted to others at Komuravelli village, due to which he decided to do away with her life (B.Laxmi) once for all. On 18.04.2007 at about 04-30 hours, he took B.Laxmi, his mother-in- law by jeep on the pretext that he would give money and see her off at the bus stand but drove the jeep towards Ursu Gutta, got it filled up with fuel on the way by P.W.13-A.Prashanth in filling station, had tea in the hotel of P.W.5-N.Kumara Swamy, took B.Laxmi towards Talla Padmavathi Pharmacy College, stopped the jeep there on the pretext of attending to calls of nature and asked B.Laxmi too to go for urination, but when she alighted from the jeep, he suddenly pounced on her from her behind and pushed her into a nearby agricultural well and visited it on the following day to confirm about her death, found