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2024 Supreme(AP) 978
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
U. DURGA PRASAD RAO, KIRANMAYEE MANDAVA, JJ.
T. Bhaskar and Others - Appellants
Versus
State of A.P. - Respondent
Criminal Appeal No. 457 of 2019
Decided On : 19-06-2024
For the Appellant : C. Vasundhara Reddy, G. Vijaya Saradhi.
For the Respondent: Public Prosecutor (AP).
IMPORTANT POINT
The court established that even if a witness turns hostile, their credible testimony can still support a conviction if corroborated by other evidence.
Headnote:
Criminal - Conviction - IPC Sections 302, 364, 201 - The court upheld the trial court's conviction of the accused based on eyewitness testimony and circumstantial evidence, emphasizing the burden of proof on the accused after the victim's body was found.
Fact of the Case:
The deceased was kidnapped and subsequently found dead. The accused were linked to the crime through eyewitness accounts and prior disputes with the victim's family.
Finding of the Court:
The court found sufficient evidence, including eyewitness testimony and the circumstances surrounding the victim's death, to uphold the conviction of the accused.
Issues: Whether the evidence presented was sufficient to prove the guilt of the accused and whether the trial court's conviction was legally sustainable.
Ratio Decidendi: The court held that the evidence, despite some witnesses turning hostile, was sufficient to establish the guilt of the accused, particularly given the circumstances of the victim's death.
Result: The appeal was dismissed, confirming the trial court's conviction and sentence.
JUDGMENT :
U. Durga Prasad Rao, J.
Challenging the conviction and sentence recorded in Sessions Case No.251/2018 by the learned Principal Sessions Judge, Nellore Accused Nos.1 and 2 preferred the instant criminal appeal.
2. By impugned judgment, the trial Court convicted and sentenced A1 and A2 with life imprisonment and fine of Rs.5,000/- IDSI simple imprisonment for 6 months on two counts for the offences U/s 302 and 364 IPC and imprisonment of 7 years and fine of Rs.5,000/- IDSI for six months for the offence U/s 201 IPC with a direction that all the substantial sentences shall run concurrently.
3. Matrix of the case:
(a) The prosecution’s case is that the deceased Bhoominathan was an auto driver, earning livelihood by auto hiring. PW.1/Rajagopal Vellimalai @ Peddodu and his wife PW.2 are the parents of the deceased. PW.3 is the elder brother of the deceased. The family of the deceased was living in Chandrababu Nagar, Nellore. A1 is a resident of Sramika Nagar, Nellore, and he is having autos which he hires to drivers. The deceased and A1 were known to each other, so also PWs.1 to 3. On 22.03.2016 PW.2 gave report to Nellore Rural Police, against A1 and others, which was registered as Crime No.108/2016 U/s 143, 290, 354, 323 and 506 r/w 34 IPC. It was alleged against A1 that he was sitting near Vinayaka Temple in Chandrababu Nagar Area, and threatening females, and when PW.2 questioned A1 and his friends, he threatened her. In that regard, A1 lodged a report which was registered in Crime No.109/2016 U/s 341, 323, 379 r/w 34 IPC. Ultimately PW.1 – the ASI, Nellore Rural PS filed Charge sheet in Crime No.108/2016, while filing referred charge sheet in Cr.No.109/2016 as false. The incident giving rise to these reports took place on 20.03.2016.
(b) In the background of these disputes, when the deceased was proceeding in his auto bearing No. AP-26-X-9579 on 20.03.2016, at about 06:00 PM and when he reached the Banyan tree in Talpagiri Colony, Nellore, the accused forcibly dragged the deceased from his auto, into their auto and thus kidnapped him and left that place. This was seen by PW5-Yesu informed PW.1 about the same. PW.1 searched for his son, and gave Ex.P1-report at about midnight, to the Nellore V Town Police, alleging that his son was kidnapped by A1, and three others. It was registered as Crime No.118/2016 by PW.13-Sub Inspector of Police, V Town PS, Nellore. While the search for the abducted person continued, the dead body of Bhoominathan was found with multiple injuries near Sarvepalli Reservoir of Anikepalli Village, Venkatachalam Mandal, Nellore District. The information was received by PW.1 and he went there and identified the dead body of his son. Basing on the statement of PW.1, PW.13 filed alteration memo by adding Section 302 IPC. Altered FIR was sent to all the officers. Subsequently Inspector of Police / PW.14 took up investigation. He examined other witnesses and recorded their statements. He visited the place where the dead body was found, and got prepared the scene of observation report in the presence of mediators, and later seized the clothes on the dead body of the deceased. Further investigation was conducted by PW.15-the Inspector of Police, V Town PS and charge sheet was filed against A1 to A4 for the offences U/s 341, 364, 302, 201 r/w 34 IPC.
(c) On appearance of the accused, the trial Court framed charges U/s 364 and 201 IPC against A1 to A4; Section 302 IPC against A1 to A3 and Section 302 r/w 34 IPC against A4 and all the accused denied the charges and claimed for trial.
(d) During trial prosecution examined PWs.1 to 15 and marked Ex.P1 to P24 and produced MOs.1 to 8.
(e) PWs 1 and 2 are the parents of the deceased. PW.3 is the elder brother of the deceased. PW.4 is the relative of the deceased. PW.5 is Yesu who saw the kidnapping and informed PW.1. PW.6 is Muddukrishna, resident of Chandrababu Nagar, who did not support the case of the prosecution. PW.7 is the Assistant Sub-Inspector of Police, who regi
