IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
C. PRAVEEN KUMAR, VENKATA JYOTHIRMAI PRATAPA, JJ.
T. Pandurangadu Pandu – Petitioner
Versus
Public Prosecutor, Hyderabad – Respondent
Criminal Appeal No. 56 of 2016
Decided On : 06-02-2023
Indian Penal Code,1860 - Sections 302, 379 and 364 - Criminal Procedure Code,1973 - Sections 207, 209 and 313 - Indian Evidence Act, 1872 - Section 27 - Offence of murder - Examinations of accused - Husband of the deceased while PW-6 is the mother of the deceased. PW-7 is sister of the deceased - Accused is a resident Mandal. PW-6, who is a widow, was running - Held, Family members either PW-6 or PW-7 were made to identify these articles even in the Court - Only the dress of the deceased, which was seized from scene of offence and marked as M.Os.1 and 2, was identified by PW-6. Mere recovery of the ornaments pursuant to confession made will not, in our view, connect the accused or for that matter involve the accused in the crime - Conviction and sentence recorded by learned Principal Sessions Judge, West Godavari at Eluru vide judgment, Sessions - Appellant/accused shall be released forthwith if he is not required to be detained in any other crime - Fine amount, if any, paid by the appellant/accused shall be refunded to him. M.Os.3 to 5 shall be returned to PW-6 as per law - Criminal Appeal is allowed
JUDGMENT :
C. PRAVEEN KUMAR, J.
1. Sole accused in Sessions Case No. 132 of 2014 on the file of the learned Principal Sessions Judge, West Godavari at Eluru is the appellant. He was tried for the offences punishable under Sections 302 and 379 I.P.C. for committing murder of one Kasigari Durga Bhavani (hereinafter, referred to as “deceased”) by stabbing him over right side of her neck with an electrical tester and strangulating her with her chunni till her death and thereafter, committed theft of rold gold chain with two gold mangala sutrams and a hand bag containing two cell phones.
2. Vide judgment, dated 21.08.2015, the learned Sessions Judge convicted the accused for the offences punishable under Sections 302 and 379 I.P.C. and accordingly, sentenced him to suffer imprisonment for life and to pay fine of Rs. 25,000/- in default of payment of fine, to suffer simple imprisonment for a period of one year for the offence punishable under Section 302 I.P.C. and to suffer rigorous imprisonment for a period of two years and to pay fine of Rs. 3,000/- in default of payment of fine, to suffer simple imprisonment for a period of six months for the offence punishable under Section 379 I.P.C. Both the sentences were directed to run concurrently.
3. The facts in issue are as under:
About three months after the marriage of the deceased, PW-5 dropped the deceased at the house of PW-6 on the eve of Atlathaddi. The deceased stayed in the house of PW-6 for about 15 days. On the date of incident, which was on 26.11.2012, the accused called the deceased on phone and requested her to come to Tanuku for taking back the gold and silver ornaments, which were taken by him while she was studying I Year Intermediate. Accordingly, at about 11.30 a.m. the deceased left the house to Tanuku but however, she did not return home on that night and on the next day morning, PW-5 enquired PW-6 about the whereabouts of the deceased. It is said that PW-7, who is the daughter of PW-6, was also informed about the deceased not returning home from Tanuku. On the evening of 27.11.2012, PW-5 and other relativ
Conviction set aside - Prosecution failed to prove the circumstances relied upon by them to establish the guilt of the accused beyond reasonable doubt.
The prosecution must prove guilt beyond reasonable doubt in circumstantial evidence cases, with each circumstance established and consistent only with the hypothesis of guilt.
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 con....
The court emphasized the necessity of proving guilt beyond a reasonable doubt, finding insufficient evidence to uphold convictions for murder and robbery.
The judgment emphasizes the high standard of proof required in cases based on circumstantial evidence and the need for a complete chain of events connecting the accused with the crime.
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