JUDGMENT :

B.V.L.N. Chakravarthi

The present criminal appeal under Section 372 proviso of the Code of Criminal Procedure, 1973 (for brevity ‘Cr.P.C.,’) came to be filed by one Ramireddy Geya @ Priyanka (P.W.1) and Edara Bhavya (P.W.2) against the Judgment of acquittal delivered in Sessions Case No.120 of 2013 on the file of VII Additional District and Sessions Court, Ongole.

2. The accused was tried for the offence punishable under Section 302 of Indian Penal Code, 1860 (for brevity ‘IPC’).

3. The charge against the accused is that on 14.08.2011 at about 1.00 p.m., at the house of the deceased (Ramireddy Shayamala), the accused caused death of the deceased with a knife (M.O.3) by causing injury on her neck.

4. The facts of the case are as under:

(i) P.W.1 is the daughter of the deceased and one T.Srinivasa Reddy; P.W.2 is the daughter of the deceased and the accused. The deceased married one T.Srinivasa Reddy and out of their wedlock P.W.1 was born to them. Later, the deceased after getting divorced, married the accused in the year 1991 and P.W.2 was born to them. It is said that the deceased was given Ac.30.00 cents of land by the accused and it was gifted to P.W.1 and P.W.2 showing the accused as guardian. The accused used to quarrel with the deceased for Ac.30.00 cents of land. The deceased, P.W.1 and P.W.2 were residing together and accused was residing separately. It is also said that the accused got separated from the deceased and married another woman. The accused even after the said marriage, was visiting the house of the deceased for the sake of the property. The deceased used to inform P.W.1 that the accused was quarrelling with the deceased over the property.

(ii) The accused was living with his parents in his own house at Ongole. P.W.2 was studying in Indian Blossom International School, Ongole and she used to visit the house of the accused during Saturday and Sunday. P.W.1 was studying Intermediate in Sri Chaitanya Junior College at Ongole and going to college every day at 8.00 a.m., and return in between 5.00 and 5.30 p.m.

(iii) On 14.08.2011 P.W.1 went to college at about 8.00 a.m., as usual. She used to get lunch either brought by her mother or through an auto-driver (P.W.7). On that day, at about 12.35 p.m., P.W.1 called the deceased through a mobile phone of her friends. The deceased did not attend the call. P.W.1 again called the deceased to the landline, but it was also unanswered. Then P.W.1 returned to the house at about 12.40 p.m. and asked the deceased as to why lunch was not sent to the college. The deceased informed P.W.1 that from the morning the accused was quarrelling with her and therefore, she could not prepare lunch. The accused was present in the house at that time. P.W.1 asked the accused not to quarrel with the deceased and later, went to college as she got EAMCET examination at 2.00 p.m. P.W.1 returned home at 5.15 p.m., and noticed several people at the house. P.W.1 asked the owner of the house as to what happened. He replied that somebody murdered her mother. P.W.1 went into the house and found the deceased in a pool of blood in the kitchen. The accused was present at that time. P.W.1 asked the persons present there as to what happened. She came to know that the accused and the deceased were quarrelling upto 1.00 p.m., and later, accused came out from the house. P.W.1 questioned the accused about the murder of the deceased. He did not give any answer and went away. Then P.W.1 and her maternal grandfather went to police station and presented Ex.P.1 report.

(iv) The Sub-Inspector of Police, I Town Police Station, Ongole (P.W.17) received report from P.W.1 on 14.08.2011 at 7.00 p.m., and registered the same as a case in Crime No.215 of 2011 for the offence punishable under Section 302 of IPC and submitted Ex.P.20 FIR to the Magistrate and copies to all the concerned.

(v) The Circle Inspector of Police, Ongole Town Circle (P.W.18) upon receiving a copy of the FIR, secured the presence of P.W.1 and her g