Point of Law: In a case arising out of circumstantial evidence, the prosecution has to prove each of the circumstance relied upon by them and the circumstances so proved should form a chain of events connecting the accused with the crime.

JUDGMENT :

C.Praveen Kumar, J.

The sole accused in Sessions Case No.141 of 2013 on the file of the learned VIII Additional District and Sessions Judge, Vijayawada, Krishna District is the appellant herein. He was tried for the offences punishable under Sections 302, 380 and 201 I.P.C.

2. Vide judgment, dated 27.11.2014, the learned Sessions Judge, while acquitting the accused for the offences punishable under Sections 380 and 201 I.P.C., convicted him for the offence punishable under Section 302 I.P.C. and accordingly, sentenced him to suffer rigorous imprisonment for life and to pay a fine of Rs.100/-, in default, to suffer simple imprisonment for a period of fifteen days.

3. The substance of the charge against the accused is that on 9.4.2012, at Irrigation canal situated at western side of Avutu Siva Reddy land, Nunna Gunadala Road, Vijayawada, caused the death of one Syed Shamsheer (hereinafter, referred to as “the deceased”) and thereafter, committed theft of cash of Rs.42,000/- and one cell phone and later, took the dead body to Irrigation canal and threw it in the canal to screen the evidence.

4. The facts in issue are as under:-

P.W.4 is the wife of the deceased and P.W.5 is the son of the deceased. It is said that on 5.4.2012, the deceased went on duty at about 4:00 P.M. informing P.W.4 that he is going to Visakhapatnam with furniture in TATA Ace Auto belonging to one Zilani. It is said that the furniture was taken from Vijayawada to a shop in Sompeta belonging to P.W.9. The evidence on record show that the auto reached the shop of P.W.9 on 6.4.2013 morning where the deceased along with the accused unloaded the said furniture at the shop. After unloading the above furniture, P.W.9 is said to have paid Rs.7,500/- towards transportation charges and Rs.35,000/- towards balance sale consideration for the furniture. Thereafter, on the very same day, the deceased undertook to shift damaged Nilkamal chairs to Vijayawada from Sompeta. P.W.10, who wanted the damaged Nilkamal chairs to be transported, is said to have paid a sum of Rs.2,100/- to the accused towards transportation charges. Both the witnesses identified the accused as the person who accompanied the deceased on 6.4.2012 to their shops. The evidence on record further shows that on 7.4.2012, at about 10:00 A.M., the deceased called P.W.4 and informed her that he is on Eluru Bypass road and will be reaching home within one hour but thereafter, the phone was switched off.

On 9.4.2012, at about 11:30 A.M., P.W.1 – the then Village Revenue Officer of Nunna Village, on receipt of information about the dead body lying at the scene of offence, went there and noticed the body. He immediately went and lodged a report with P.W.13 vide Ex.P-1, which lead to registration of a case in Crime No.220 of 2012 of Nunna Police Station under Section 174 Cr.P.C. The police recorded the statement of P.W.1. Thereafter, P.W.13 along with his staff visited the scene of offence and observed the scene of offence in the presence of P.W.1 and registered F.I.R. under Ex.P-12. A rough sketch of the scene of offence was also prepared which is placed on record as Ex.P-14. Basing on the name of the tailor on the shirt of the deceased, P.W.3 was examined, who identified the deceased. Later, the wife of the deceased – P.W.4 was examined and recorded her statement. On the next day, inquest was held over the dead body of the deceased in the presence of P.W.8 and two others. Ex.P-9 is the Inquest Report. During inquest, he examined P.Ws.4, 5, 12 and others. Further investigation in this case was handed over to P.W.14. After completion of inquest proceedings, the dead body was sent for post mortem examination.

P.W.11 – The then Assistant Professor of Forensic Medicine, Siddhartha Medical College, Vijayawada conducted autopsy over the dead body of the deceased and issued Ex.P-11 – Post Mortem Report. According to him, the time of death is three days prior to post mortem examination and the cause of death is due to l