2018 Supreme(AP) 844
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATES OF TELANGANA AND ANDHRA PRADESH
Suresh Kumar Kait, J. Uma Devi, JJ.
Bojja Chandraiah And Others - Appellants
Vs.
State of Telangana - Respondent
Criminal Appeal No. 226 of 2015
Decided On : 25-09-2018
For the Appellant : S.M. Subhan, Counsel
Headnote:
Indian Penal Code,1860 - Section 34 and 302 - Murder - Appeal against Conviction - Delay in Lodging Complaint/FIR - Circumstantial Evidence - Whether enough to prove guilt of accused - Held, Prosecution not established charge that accused used sticks and knives in commission of offence by recovering weapon of offence at their instance - Inconsistency between charge framed against accused and allegations in charge sheet - Witnesses turned hostile as they did not support prosecution - Abnormal delay of six days in lodging the complaint which is not explained by prosecution - No direct evidence to connect accused with commission of offence - Circumstantial evidence led in by prosecution not sufficient and complete so as to inspire confidence of Court - Prosecution utterly failed to bring home guilt of accused beyond all reasonable doubt -Accused entitled for acquittal - Criminal Appeal allowed (Paras 26 to 31)
JUDGMENT :
Suresh Kumar Kait, J.
By the present appeal, the appellants-A1 to A4 have challenged the Judgment dated 04.02.2015 passed by the learned Metropolitan Sessions Judge, Hyderabad, in Sessions Case No.339 of 2014 whereby they were convicted of the offence under Section 302 read with Section 34 I.P.C. and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- (Rupees Ten thousands only), in default of payment of fine, to suffer simple imprisonment for a period of six months each.
2. The case of the prosecution as per charge-sheet is that on 10.04.2013 a report was received from one Peta Srisailam (P.W.1) stating that he has three elder brothers, two elder sisters and one younger sister. His second brother Peta Beeraiah (hereinafter referred to as 'the deceased') used to reside at Kalapather, Hyderabad. On 08.04.2013 at about 10.30 A.M. he received a phone call from one Karne Srisailam (L.W.4), who is neighbour of his brother, stating that the deceased sustained injuries on his hand and leg. On that, on the same evening at 6.30 P.M. P.W.1 came to the house of the deceased and when he enquired with the deceased, he stated that on 04.04.2013 while he was returning home after attending the Court, A1 to A3, who are his brothers-in-law, and A4, co-brother, took him near Puranapool bridge, beat him and left him at Pillar No.1. As the deceased was not in a position to move, one rickshawwala by name Satish Kumar (L.W.10) brought him to his house. On 10.04.2013 at about 8.30 A.M. while P.W.1 was taking the deceased to Osmania General Hospital, Hyderabad, and on the way he succumbed to the injuries. P.W.1 further stated in his report that on the grouse that the deceased killed his wife, the accused attacked the deceased.
3. Based on the said report of P.W.1, received on 10.04.20013 at 9.45 A.M., P.W.10, the then Sub-Inspector of Police, Shahinayatgunj Police Station registered a case in Crime No. 73 of 2013 under Section 302 read with Section 34 I.P.C and issued FIR-Ex.P8 and handed over the investigation to P.W.11, the Inspector of Police, Shahinayatgunj Police Station, who examined and recorded the statements of witnesses, conducted inquest-Ex.P9 over the dead body of the deceased, scene of offence panchanama and prepared a rough sketch-Ex.P5 in the presence of P.Ws. 7 and 8. The dead body was subjected to post mortem examination.
4. Accordingly, on 10.4.2013 at 1.30 P.M. P.W.9 conducted post mortem examination-Ex.P6 over the dead body of the deceased and found as many as five injuries, accordingly issued final opinion-Ex.P7 that the cause of death of the deceased was due to multiple injuries.
5. On 03.06.2014 P.W.11 arrested the accused and sent them to Court for judicial custody. After completion of investigation and collecting all necessary documents, he filed a charge sheet against the accused for the offence punishable under Section 302 read with Section 34 I.P.C.
6. After complying with all the required legal formalities, the Committal Court committed the case to the Metropolitan Sessions Division, Hyderabad, vide P.R.C.No.12 of 2014 dated 20.08.2014. On appearance of the accused, the trial Court framed a charge under Section 302 read with Section 34 I.P.C against the accused, read over and explained to them in Telugu, to which they denied and claimed to be tried.
7. In support of its case, the prosecution examined P.Ws.1 to 11 and marked Exs.P1 to P9. After closure of the prosecution evidence, the accused were examined under Section 313 Cr.P.C., 1973 with reference to the incriminating circumstances appearing against them in the evidence of the prosecution witnesses. They denied the same, however, led no evidence on their behalf.
8. After considering the evidence of the prosecution witnesses and Exs.P1 to P9 and the statement of the accused under Section 313 Cr.P.C., 1973 the learned trial Court convicted the appellants-A1 to A4 for the offence punishable under Section 302 read with Section 34 I.P.C. and sente