In a case arising out of circumstantial evidence, the prosecution has to prove each of the circumstances 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.

Accused No.1 in Sessions Case No.1 of 2013 on the file of the learned District and Sessions Judge, Ananthapuramu is the appellant herein. The present Criminal Appeal came to be filed under Section 374(2) of the Code of Criminal Procedure, 1973 against the judgment, dated 05.11.2014, in Sessions Case No.1 of 2013 on the file of the learned District and Sessions Judge, Ananthapuramu. Originally, A-1 was tried for the offences punishable under Sections 302 and 201 I.P.C. while A-2 and A-3 were tried for the offence punishable under Section 201 I.P.C.

2. Vide judgment, dated 05.11.2014, the learned Sessions Judge, while acquitting A-2 and A-3, convicted A-1 for the offence punishable under Section 302 I.P.C. and accordingly, sentenced him to undergo imprisonment for life and to pay a fine of Rs.1,000/-, in default of payment of fine, to undergo rigorous imprisonment for a period of six months. A-1 was also convicted for the offence punishable under Section 302 read with 201 I.P.C. and accordingly, sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.1,000/-, in default of payment of fine, to undergo rigorous imprisonment for a period of six months. Substantive sentences were directed to run concurrently.

3. The substance of the charge levelled against the accused is that on 14.07.2012, at about 10:00 A.M., at K.P. Doddi Village, Gummagatta Mandal, he voluntarily beat one Boya Raghavendra (hereinafter, referred to as “the deceased”) with an axe on his head and neck indiscriminately with an intention to kill him and caused his death. Thereafter, A-1 to A-3, in order to screen the evidence, buried the body of the deceased in a dilapidated well, burnt the blood stained clothes and concealed the axe.

4. The case of the prosecution, in brief, is as under:

A-1 is the husband of A-2. A-1 is a resident of Jakkalavadiki Village, Kanekal Mandal. A-2 was residing at K.P. Doddi Village. A-3 is the sister’s son of A-1 and resident of Muradi Village of D. Hirahal Mandal. The deceased is also a resident of K.P. Doddi Village. P.W.1 is the mother of the deceased while P.W.2 is the brother of P.W.1 by courtesy. P.W.1 is elder sister’s daughter of the father of P.W.3. The deceased was working as Vidya Volunteer in Upper Primary School at K.P. Doddi Village. A-2 was also working in the same school as Vidya Volunteer. The deceased and A-2 developed close acquaintance as both of them were working in the same school. A-1 developed suspicion and warned the deceased to cut off his relations with A-2. On 14.7.2012, at about 10:00 A.M., the deceased left home informing his mother -P.W.1 that he was going to Kothapalli Village for purchasing groundnut seeds. When the deceased was passing in front of the house of A-2, she asked the deceased to come into her house. The deceased went inside the house of A-2 and the same was noticed by P.W.2, who is also a resident of K.P. Doddi Village. Sometime thereafter, A-1 came and entered into the house and found the deceased and A-2 in a compromising position. On seeing it, A-1 became wild, took an axe and dealt a blow on the head, face and neck of the deceased. Due to injuries on the vital parts, the deceased died on the spot. A-1 and A-2 kept the dead body of the deceased in a gunny bag, cleaned the axe and blood stains on the floor. A-1 kept the cloth pieces used in wiping out blood stains in a plastic cover. A-1 concealed the axe in the sand of building foundation by the side of the house of A-2. A-1 informed A-3 that he has killed the deceased. A-1 took the plastic bag containing blood stained cloth pieces, a bottle of petrol and proceeded to a hillock near Adiguppa Village where he partly burnt cloth pieces. After returning from that place, A-1 met A-3 near Adiguppa cross. A-3 advised A-1 to take the bag with the dead body to the dilapidated well in his field in Muradi Village limits. Then, A-3 went to his field where groundnut sowing was taking plac