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2022 Supreme(AP) 400

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
C. PRAVEEN KUMAR, B.V.L.N. CHAKRAVARTHI, JJ.
INAPAKURTHI SHANMUKHA RAO, VIZIANAGARAM DT. – Appellant
Versus
STATE OF AP., REP PP. – Respondent
Criminal Appeal No. 261 of 2015
Decided on : 02-11-2022

Advocates:
Advocate Appeared:
For the Appellant :Advocate- G VIJAYA SARADHI
For the Respondent:Advocate - PUBLIC PROSECUTOR (AP)

Headnote:

Indian Penal Code, 1860 – Sections 302, 364, 201, 364, 201 – Criminal Procedure Code, 1973 – Section 209, 207, 313 – Punishment for murder – Kidnapping or abducting in order to murder – Sole Accused in Sessions Case on file of Family Court-Cum-III Additional District and Sessions Judge, is Appellant herein – He was tried for offences punishable under Sections 302, 364 and 201 of Indian Penal Code – By its Judgment, learned Sessions Judge, while acquitting Accused of offence punishable under Section 364 I.P.C., convicted Accused for offence punishable under Section 302 of I.P.C. and sentenced him to suffer rigorous imprisonment for life and to pay fine default to undergo simple imprisonment for months – Held, Court feel that circumstances relied upon by prosecution are not proved beyond doubt and said circumstances do not form a complete chain, connecting accused with crime – Considering judgments referred to above and in absence of any cogent and convincing evidence, Court feel that, it may not be safe to convict Appellant/Accused for charge of murder basing on evidence adduced – Court are inclined to acquit Appellant/Accused by extending benefit of doubt – Criminal Appeal is allowed.

JUDGMENT :

C.Praveen Kumar, J.

1. Heard Sri. G. Vijaya Saradhi, learned Counsel appearing for the Appellant/Accused and Sri. S. Dushyanth Reddy, learned Additional Public Prosecutor, appearing for the State.

2. The Sole Accused in Sessions Case No. 96 of 2014 on the file of the Family Court-Cum-III Additional District and Sessions Judge, Vizianagaram, is the Appellant herein. He was tried for the offences punishable under Sections 302, 364 and 201 of Indian Penal Code [‘I.P.C.’]. By its Judgment, dated 30.01.2015, the learned Sessions Judge, while acquitting the Accused of the offence punishable under Section 364 I.P.C., convicted the Accused for the offence punishable under Section 302 of I.P.C. and sentenced him to suffer rigorous imprisonment for life and to pay fine of Rs.500/-in default to undergo simple imprisonment for three months. The Accused was also sentenced to suffer rigorous imprisonment for seven years and to pay fine of Rs. 100/-in default to undergo simple imprisonment for fifteen days for the offence punishable under Section 201 I.P.C. The substantive sentences were directed to run concurrently. Assailing the said conviction and sentence imposed, the present Appeal is preferred.

3. The gravamen of the charges against the Accused is that, on 15.05.2013, near Bheemuni Guha, Ramatheertham Village, the Accused is said to have abducted and caused the death of one Pedapudi Karuna [‘Deceased’] by stabbing her with a knife and, thereafter, dumped her body into the deep rocky slope to screen the evidence.

4. The case of the prosecution, as unfolded through the evidence of prosecution witnesses, is as under:

    i) PW3 is the father and PW4 is the brother of deceased. The deceased is the daughter of paternal uncle of the Accused. PW3 to PW5 and the deceased are residents of Sivvam Village. PW1, PW2, PW7 to PW9 are the residents of Ramatheerdhala Village, while the Accused and PW6 are residents of Kurupam Village.

ii) It is said that, the Accused who is related to PW3 used to visit the house of PW3, and developed acquaintance with the deceased, though he was married by then and residing at Peddimpeta. It is said that, the Accused promised to marry the deceased and made her pregnant. A dispute was raised by PW3 before PW5, PW6, PW14 and others on a premise, that, it was the Accused who was responsible for the pregnancy. At the instance of elders/mediators, the Accused agreed to marry the deceased and look after her properly.

iii) It is said that, on 14.05.2015, on invitation of the Accused, the deceased along with PW4 went to Parvathipuram. Initially, they went to R.T.C. Complex and on a call made by the Accused, they went towards a fruit juice shop. There, the Accused told PW4 that he and deceased will come to the Village later and sent PW4 back. It is said that, PW4 went to a movie and at about 8.00 P.M., he reached his house. When the father of the deceased enquired as to the whereabouts of the deceased, PW4 informed him that she along with Accused will come later. But, it appears that, neither of them came home. Later, PW4 parents tried to inquire the Accused by calling him on phone, but the phone remained switched off. PW3 searched for the Accused and his daughter [deceased], but in vain.

iv) On 15.05.2013, PW8 - the Thalari of the Village, on receipt of information, went to the scene of offence along with some Villagers and saw a dead body lying at Bheemuni Gruha. He, immediately, telephoned to PW1, who went there and saw the dead body of a female person, which lead to lodging of a report by PW1. Basing on Ex.P1 report, PW15 [Sub-Inspector of Police] registered a case in Crime No. 55 of 2013 at Nellimarla Police Station under Section 174 Cr.P.C. Ex.P12 is the First Information Report. Thereafter, PW15 visited the scene of offence and prepared an observation report of the scene, which is marked as Ex.P2. He also drew a rough sketch of the scene, which is marked as Ex.P13. He also got the scene of offence photographed. At the sce

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