IMPORTANT POINT
The prosecution must prove guilt beyond reasonable doubt in murder cases, especially when relying on circumstantial evidence.

JUDGMENT :

B.V.L.N.Chakravarthi

1. The accused No.1 and 2 in Sessions Case No.20 of 2017 on the file of learned XIII Additional District and Sessions Judge, Guntur at Narasaraopet, are the appellants herein. They were tried for the offence U/s.302 r/w.34 of Indian Penal Code, 1860 (hereinafter referred to as ‘I.P.C’) for causing the death of Smt.Makineni Satya Sri (hereinafter referred to as deceased) on 23.05.2016 at about 06.00 a.m. in their house at Vinukonda.

2. Vide Judgment dated 30.08.2017, the learned XIII Additional District &Sessions Judge, Guntur at Narasaraopet, convicted the accused No.1 and 2 for the offence U/s.302 r/w.34 of IPC and sentenced them to undergo imprisonment for life, and to pay a fine of Rs.1,000/- each, in default of payment of fine, to suffer simple imprisonment for a period of one (01) month each.

3. Challenging the said conviction and sentence, the present appeal came to be filed.

4. On 20.04.2023 the learned counsel for the appellant/A-1 filed memo before this Court submitting that the State Government granted remission to A-1, and as a consequence of the same, A-1 was released from the Special Prison for Women, Rajamahendravaram on 15.08.2022. Consequently, the Criminal Appeal to the extent of the 1st appellant/A-1 was dismissed by this Court, and continued the appeal against the 2nd appellant/A-2.

5. The facts as culled out from the evidence of prosecution witnesses are as under:

(i) P.W-1 is father of A-2; A-1 is wife of A-2; the deceased Smt.Makineni Satya Sri is wife of P.W-1 and mother of A-2; P.W-1, the deceased, A-1 and A-2 along with their children were staying in a flat in Seetharama Towers (apartment) located in Karampudi Road, Vinukonda.P.W-4 is the grandson of P.W-1 and the deceased; P.W-4 is the son of daughter of P.W-1 and the deceased; he was also present in the house on the date of incident; P.W-3 is son-in-law of P.W-1 and the deceased and staying at Hyderabad.

(ii) On the date of incident i.e., on 23.05.2016P.W-1 and the deceased along with P.W-4 were sleeping in one bed room; A-1, A-2 and their children were sleeping in another bed room in the flat; P.W-1 on the morning of 23.05.2016 at 05.00 a.m. went outside for walking closing the main door; he returned to home at about 06.30 a.m.; he went inside the flat and noticed the deceased with injuries lying on the cot in the bed room; he tried to wake up her, but in-vain; he knocked the door of the bed room of A-1 and A-2 and informed about the injuries sustained by the deceased; on hearing cries of P.W-1 and the accused, neighbours came to the flat.

(iii) Inspector of Police, Vinukonda Town Police Station (P.W-7) basing on Ex.P-14 report, registered Ex.P-15 FIR as case in Cr.No.97/2016 for the offence U/s.302 r/w.34 IPC against the accused on 23.05.2016 at 09.15 a.m.; P.W-7 submitted Ex.P-15 FIR to the Judicial Magistrate of the First Class, Vinukonda, and copies to all concerned; P.W-7 visited scene of offence located in flat No.511,Seetharama Towers (apartment), Karampudi Road, Vinukonda; P.W-7 observed the scene of offence in the presence of Village Revenue Officer of Timmayapalem Village (P.W-6) and another and prepared report (Ex.P-9); P.W-7 seized M.Os-1 to 10 available at the scene of offence; scene of offence was photographed vide Ex.P-16 photos; P.W-7 prepared a rough sketch of scene of offence (Ex.P-17); later, P.W-7 conducted inquest over dead body of deceased in the presence of blood relatives of the deceased and panchayatdars under the cover of an inquest report (Ex.P-10); during inquest, P.W-7 examined P.Ws-1 to 3 and recorded their statements; the dead body of deceased was shifted to Community Health Centre, Vinukonda, for autopsy.

(iv) P.W-5 Civil Assistant Surgeon, Community Health Centre, Vinukonda, conducted autopsy on 24.05.2016 and opined that the death was due to manual strangulation, and the approximate time of death was between 12 to 24 hours prior to the post mortem examination.

(v) P.W-7 during investigation exam