Point of Law: Circumstantial Evidence - Prosecution has to prove each of the circumstance relied upon by them and the circumstances so proved should form a chain of events, which should lead to an irresistible conclusion establishing the guilt of the accused.

JUDGMENT :

C. PRAVEEN KUMAR, J.

1. Originally Accused Nos. 1 and A2 in Sessions Case No. 306 of 2010, on the file of the VI Additional Sessions Judge, Kakinada, were tried for the offences punishable under Sections 302, 379, 203, 102B read with 34 of Indian Penal Code (I.P.C.). By its Judgment, dated 27.10.2015, the learned Sessions Judge, acquitted A2 of all the charges, but, however, convicted A1 for the offence punishable under Section 302 I.P.C. and sentenced him to suffer imprisonment for life and to pay a fine of Rs. 500/-. Further, he was sentenced to suffer rigorous imprisonment for a period of one (01) year for the offence punishable under Section 203 I.P.C. The substantive sentences were directed to run concurrently.

2. The substance of the charges against the accused is that, on 01.10.2009, both the accused conspired together and committed murder of one Ulisi Veera Sandhya Rani - wife of A1 (Deceased) by squeezing her neck with a towel and, thereafter, both of them committed theft of her jewellery.

3. The facts, as culled out, from the evidence of prosecution witnesses are as under:

(i) PW-1 is the mother of the deceased, while PW-2 is the son of PW-1. PW-3, a resident of the same village, knows the accused and the prosecution witnesses; while PW-5 is the husband of PW-1 and father of PW-2 and the deceased.

(ii) The marriage between the deceased and the A1 was performed in the month of May 2009. At the time of marriage, PWs. 1 and 5 agreed to give one acre of land and a sum of Rs. 90,000/- to the accused as dowry. After marriage, the deceased stayed with her parents as they would send their daughter to the house of her in-laws on the occasion of Karthika Pournami. While the daughter of PW-1 was at their house, A1 used to visit during night and leave the house in the early hours. They advised A1 to stay in their house during day time also, but, having regard to his avocation, he stated that he cannot stay in the house during day time.

(iii) While things stood thus, on 30.09.2009 at about 10.00 p.m. during night, A1 came to their house and stayed that night. On next day morning while taking breakfast, he informed that he has some work at Kakinada and intends to take his wife (deceased) to Kakinada for movie. Initially, the wife of A1 refused to go to Kakinada due to Atla Tadiya function within next five days. But, however, A1 informed that he will come home for lunch and take his wife to Kakinada. Accordingly, A1 returned home at 2.00 p.m. stayed till 3.00 p.m. and then took his wife (deceased) to Kakinada on a motorcycle. At that time, the deceased was wearing three sovereigns of gold black beed chain; two sovereigns of gold chain; one tula two gold rings; a pair of ear hangings, and a pair of silver anklets.

(iv) The accused and deceased did not return to their house till 12.00 midnight. PW-1 and PW-5 made phone calls to A1, but, it was switched off. Telephone calls were made to the house of A1, but, none lifted the same. At about 3.00 a.m. PW-1 and PW-5 sent their son (PW-2) to go to the house of their viyanka at Gonada Village. But, however, at 4.30 a.m. PW-2 returned home along with A1. They noticed blood oozing on his face and he was leaning on the shoulder of PW-2. When enquired, PW-2 informed that when he reached the centre of the village, A1 met him while coming on a motorcycle and he informed that while he and his wife were coming on a motorcycle from Kakinada, at about 10.30 p.m. in between Bhupalapatnam and Veeravaram, some thieves beat him with stick, on that they fell down and seeing the same the deceased ran away. On hearing the same, the family members of PW-1 ran towards Veravaram Bhupalapatnam road to search for the deceased. They noticed the dead body of the deceased in the fields of one Veeram Reddy Kasi. On that, all of them went and saw the deceased with injuries on the head and neck. All the gold ornaments except two gold rings found missing. Suspecting some foul play, in the hands of A1, a report came