IMPORTANT POINT
Circumstantial evidence must form a complete chain to establish guilt beyond reasonable doubt, as per established legal principles.

JUDGMENT :

K.Suresh Reddy, J.

Accused No.1 in S.C.No.188 of 2016 on the file of the Court of Additional Sessions Judge, Hindupur, Anantapuramu District is the appellant in the present Criminal Appeal. He along with Accused Nos.2 and 3 were tried by the learned Additional Sessions Judge, Hindupur, under the following charges:

(i) First charge was under Section 302 read with 34 IPC against Accused Nos.1 and 2.

(ii) The second charge was under Section 201 read with 34 IPC against Accused Nos.1 to 3.

(iii) The third charge was under Section 404 IPC against Accused Nos.1 to 3, alternatively under Section 379 IPC and the last charge was under Section 203 IPC against Accused No.1.

2. The substance of the charge is that on 28.08.2014 at about 11.30 a.m., Accused Nos.1 and 2 with common intention committed murder of one Ludgate Tone Berly Anne, an Australian citizen (hereinafter referred to as the ‘deceased’) in room No.304 of Sai Gowri apartment, Puttaparthi by throttling her and in the same process, Accused Nos.1 to 3 committed theft of cash of Rs.40,000/- and also gold jewellary i.e., M.O.s 1 to 4 and buried the dead body in the fields of Accused No.1 near Handri Neeva Channel, Thalamarla Village and in the same process, Accused No.1 gave a false information to PWs.1, 2, 9 and 10, thereby committed offences punishable under Sections 302, 404, 379 or 411 and 201 read with 34 IPC.

3. After completion of trial, learned Additional Sessions Judge, Hindupur convicted Accused No.1 under Section 302 IPC and sentenced him to suffer rigorous imprisonment for ‘LIFE’ and also to pay a fine of Rs.10,000/-, in default of payment of fine, to undergo rigorous imprisonment for a period of two (2) years. The learned Additional Sessions Judge, Hindupur further convicted Accused No.1 under Section 201 IPC and sentenced him to suffer simple imprisonment for a period of three (2) years and to pay a fine of Rs.2,000/-, in default of payment of fine, to undergo simple imprisonment for a period of six (6) months. The learned Additional Sessions Judge, Hindupur further convicted A1 under Section 203 IPC and sentenced him to suffer simple imprisonment for a period of two (2) years and to pay a fine of Rs.2,000/-, in default of payment of fine, to undergo simple imprisonment for a period of three months. All the substantive sentences imposed against Accused No.1 were directed to run concurrently. The learned Additional Sessions Judge, Hindupur acquitted Accused Nos.2 and 3 of all the charges. Accused No.1 was acquitted for the charge under Section 404 or 379 IPC.

4. The case of the prosecution as emanated from the prosecution witnesses, is as follows:

(i) All the material prosecution witnesses are residents of Puttaparthi. Accused No.1 was working as a watchman at Sai Gowri apartments, Puttaparthi. PW.1 is the owner and PW.2 is the manager of Sai Gowri apartments, Puttaparthi.

(ii) On 14.08.2014, PW.1 received a phone call from Accused No.1 stating that the deceased-a foreigner came to the apartments and was asking for a room. Then, PW.1 instructed the manager-PW.2 to look after the issue. Later, PW.2 came to the apartment on the instructions of PW.1 and on the request of the deceased, he allotted room No.304 to the deceased. The deceased gave an advance of Rs.10,000/- to the Accused No.1, who in turn gave the same to PW.2, who issued a receipt and allotted room No.304. The deceased took rest for two days in the said apartment. After two days, PW.2 asked the deceased about her arrival report. The deceased submitted copies of passport, visa and also signed on Form-C. PW.2 uploaded all these documents through internet and furnished one copy to the deceased by keeping one copy in the office. In the month of September, 2014, Accused No.1 informed PW.1 stating that the deceased, who was staying in room No.304 went on missing and she was not seen. Then, PW.1 along with Accused No.1 went to the police station and tried to inform the police, but, they were busy on some other w