IMPORTANT POINT
Circumstantial evidence, including the last seen theory and recovery of stolen property, can establish guilt beyond reasonable doubt in murder and theft cases.

JUDGMENT :

(Per Hon’ble Sri Justice K.Suresh Reddy)

Sole Accused in Sessions Case No.435 of 2015 on the file of the Court of Additional Sessions Judge, Hindupur, Anantapur District, has filed the present Criminal Appeal. He was tried by the learned Additional Sessions Judge under two charges i.e., the first charge was under Section 302 IPC and the second charge was under Section 404 IPC.

2. Substance of the charge is that on 08.02.2015 at about 7.00 P.M, the accused committed murder of one Madakasira Lakshmidevamma (hereinafter referred to as “the deceased”) by cutting her throat with a knife and stabbing her on the left breast, causing her death and in the same process he has taken away gold ear studs from the body, thereby committed offences punishable under Sections 302 and 404 IPC.

3. After completion of trial, the learned Additional Sessions Judge convicted the appellant/Accused under Section 302 IPC and sentenced him to suffer Rigorous Imprisonment for “LIFE” and also to pay a fine of Rs.5,000/- in default to suffer Simple Imprisonment for a period of six(06) months. The learned Additional Sessions Judge further convicted the appellant/Accused under Section 404 IPC and sentenced him to suffer Simple Imprisonment for a period of three (03) years and also to pay a fine of Rs.100/-. Both the substantive sentences were directed to run concurrently.

4. Case of the prosecution, as per the evidence of prosecution witnesses, is as follows:-

The deceased and all the material prosecution witnesses are residents of Sasanakota Village, Parigi Mandal. The accused is a resident of Kodigenahalli Village and he was working as a Carpenter. The deceased was working as Aaya in Anganwadi at Sasanakota Village for the last eighteen (18) years. The husband of the deceased died long back. Pw-1 is the daughter and Pw-2 is the nephew of the deceased. Three (03) years prior to the date of incident, the deceased developed illicit intimacy with the accused, who used to attend his own sister’s house by name Gangamma. The deceased purchased a two wheeler for the accused, who in turn used to take her to the work place and bring back home. In the month of January-2015, there was an altercation between the accused and the deceased. The deceased took back the two wheeler from the accused. The deceased used to consume toddy from the shop of Pw-3. While so, on 08.02.2015, Pw-1 and her grandmother went to Bagepalli to attend a marriage and on the same day, at about 6.30 P.M they returned. At that time, Pw-1 and the deceased were sitting in the court yard of the house and were chit chatting. The accused came there and made three or four rounds in front of the house. The accused gave a signal to the deceased inviting her to come out. Then the deceased accompanied the accused. Thereafter, the deceased did not return home on that night. On the next day morning, at about 9.00 A.M, Pw-1 informed Pw-2 about the deceased not returning home. Pw-2 went in search and found the deceased lying dead near electrical pole with cut throat injury and informed the same to Pw-1. Then Pw-1 along with others went to the scene of offence and found the dead body of the deceased with cut throat injury and missing of her ears along with ear studs. She found two empty toddy bottles at the scene of offence. Immediately, she went to Parigi Police Station and gave a report-Ex.P-1. The Sub-Inspector of Police, Parigi Police Station, who was not examined, registered a case in Cr.No.21 of 2015 under Sections 302 and 379 IPC. Copy of FIR was marked through the Investigating Officer-Pw-13 under Ex.P-33. Having received the information, the Inspector of Police rushed to the scene of offence at the outskirts of Sasanakota Village along with his staff. He secured the presence of Pws-9 and 10. He prepared rough sketch–Ex.P-18 at the scene of offence. He also got the scene photographed and videographed through Pws-4 and 5. The photographs and CDs were marked as Exs.P-19 and 20. Subsequently, he recorde