Point of law: An innocent man may also abscond in order to evade arrest, as in light of such a situation, such an action may be part of the natural conduct of the accused.

JUDGMENT:

C. Praveen Kumar, J.

Heard Sri P. Veera Reddy, learned Senior Counsel representing Sri. Sreekanth Reddy Ambati, learned Counsel appearing for the Appellant and Sri. S. Dushyanth Reddy, Additional Public Prosecutor for the State, through Blue Jeans video conferencing APP and with their consent, the appeal is disposed of.

1. Sole accused in Sessions Case No. 539 of 2011 on the file of XIII Additional District & Sessions Judge, Narasaraopet, is the Appellant herein. He was tried for an offence punishable under Section 302 Indian Penal Code [‘I.P.C.’] for causing the death of one Mahammad Lakishma [‘deceased’], daughter of one Rafi, on 26.01.2011 at 7.00 P.M. at Prakash Nagar, Narsaraopet. By its Judgment, dated 28.08.2014, the learned Sessions Judge convicted the accused under the said charge and sentenced him to suffer imprisonment for life and to pay fine of Rs.1,00,000/-in default to undergo simple imprisonment for one year. Out of the fine amount collected from the accused, a sum of Rs.90,000/-was awarded as compensation under Section 357 Cr.P.C. to PW1, who is the mother of the deceased.

2. The facts are as under:

i) PW1 is the mother of the deceased while PW2 is the daughter of PW1. PW3 is a retired bank employee and a neighbour to PW1 and PW2; while PW4 is known to the family of PW1 and PW2. PW5 is a relative of PW1.

ii) The accused is having a readymade garment shop in Narasaraopet. His shop was adjacent to the shop of PW8. The husband of PW1 was doing business in United States of America, but, however, died about 5 months prior to the date of giving evidence in court by PW.1. She along with her mother and four children were residing in Reddy Colony, Narasaraopet. She claims to know the accused and also the other witnesses examined by the prosecution.

iii) The deceased did beautician course and was maintaining a beauty parlour at their house. She used to visit the shop of accused and on two occasions, at the request of the accused, G. Mallikharjuna Reddy [PW8] accompanied the accused to the house of the deceased for proposing the marriage of deceased with the accused.

iv) In the month of August 2010, the accused and PW8 came to the house of PW1 and asked about their daughter Lakishma. By that time, PW1 was informed by her daughter that the accused used to tease her stating that he intends to marry her. PW1 admonished them not to tease her daughter as she is having two more daughters. Thereafter, the accused and PW8 left their house. It is said that, since then, PW1 was not allowing her daughter to go out of the house.

v) About a month prior to the incident, the accused again came to the house along with PW8 in the afternoon. At that time, all her children and one Abdul Khadeer [PW5] who were present in the house, were discussing about the marriage alliance of the deceased. The accused is said to have called the deceased from outside. On hearing the same, PW1 came out of the house and admonished the accused. PW5 also came out of the house and admonished the accused. The accused is said to have threatened them stating that if his marriage is not performed with the daughter of PW1, he will die or he will kill the daughter of PW1. So saying, he left the place.

vi) On 26.01.2011 at about 3.00 P.M. afternoon while PW7 was proceeding towards Prakash Nagar on a motorcycle and when he stopped the motorcycle at a railway gate near Shankar Muth, the accused came there on a motorcycle along with the deceased. At that time, she was wearing a burqa. PW7 claimed to have identified the deceased basing on her face, which was not covered with the burqa. He asked the accused as to where he is going along with Lakishma. The accused replied stating that he is going to Prakash Nagar on work.

vii) On 26.01.2011 the daughter of PW1 left their house on the pretext of visiting their relatives at Narasaraopet. Thereafter, she did not return till evening. On the same day at about 3.45 P.M., while PW6 was proceeding on his motorcycle towards Vinukond