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2023 Supreme(AP) 245

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

Advocates:
Advocate Appeared:
For the Petitioner: Ammaji Nettem.

Headnote:

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:

    PW-5 is the husband of the deceased while PW-6 is the mother of the deceased. PW-7 is the sister of the deceased. The accused is a resident of Velagapalli Village of Ganapavaram Mandal. PW-6, who is a widow, was running a kirana shop. She along with the deceased used to attend religious meetings at Guntur, as they got converted to Christianity and took Baptism during which period, the deceased developed acquaintance with the accused, who also used to attend religious meetings at Guntur. The accused was also talking with the deceased on phone. It is said that the deceased studied I Year Intermediate by staying in the house of the accused at Ganapavaram. It is said that while the deceased was studying I Year Intermediate by staying in the house of the accused, the accused took away one pair of gold ear studs and one pair of silver anklets from the deceased. When the same was informed to PW-6, she called the accused over phone and questioned him as to why he took the gold ornaments. The accused stated that he was in financial trouble and he would return back the same after getting them released from pledge. The material on record show that the accused along with his mother requested PW-8 rickshaw puller went to the shop of PW-13 pawn broker to recommend pledging of gold ear studs and one pair of silver anklets as he was in need of money. It is said that PW-8 along with the accused and his mother had gone to the shop of PW-13 where they pledged the gold and silver items. This was sometime in the year 2008. The evidence on record also shows that the accused was in touch with the deceased and was talking to her on telephone and on one day, came to the house of PW-6 and informed PW-6 that he would like to marry her daughter for which, PW-6 and her daughter refused because both of them belong to different castes. Later on, PW-6 performed the marriage of the deceased with PW-5.

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

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