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2024 Supreme(AP) 1018
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K. SURESH REDDY, B.V.L.N. CHAKRAVARTHI, JJ.
Kowju Ravi Naga Babu @ Nagababu and Others - Appellants
Versus
The State of A.P., Rep. PP - Respondent
Criminal Appeal No. 715 of 2016 & 1327 of 2017
Decided On : 21-06-2024
For the Appellant : S.M. Subhan, Sudhakara Rao Ambati.
For the Respondent: Public Prosecutor (AP).
IMPORTANT POINT
Circumstantial evidence must be corroborated and form a complete chain to establish guilt beyond reasonable doubt in criminal cases.
Headnote:
Criminal Law - IPC - Section 460 - The court discussed the evidentiary standards required for conviction under Section 460 of IPC, emphasizing the need for reliable evidence and the insufficiency of circumstantial evidence without corroboration.
Fact of the Case:
The accused were convicted for the murder of a night watchman during a burglary. The prosecution relied on circumstantial evidence, including an alleged confession and fingerprint analysis, to establish guilt.
Finding of the Court:
The court found that the prosecution failed to provide reliable evidence connecting the accused to the crime, particularly due to the lack of corroboration for the extra judicial confession and issues with the fingerprint evidence.
Issues: Whether the prosecution proved the guilt of the accused beyond reasonable doubt based on circumstantial evidence.
Ratio Decidendi: The court reiterated that circumstantial evidence must form a complete chain that excludes all reasonable hypotheses of innocence, and that extra judicial confessions require corroboration to be deemed reliable.
Result: The appeals were allowed, and the convictions of the accused were set aside.
JUDGMENT :
B.V.L.N. Chakravarthi, J.
1. The accused No.1 and 2 in Sessions Case No.163/2014 on the file of learned IV Additional District and Sessions Judge, West Godavari at Tanuku, filed Criminal Appeal No.715/2016, whereas the accused No.3 in the above Sessions Case filed Criminal Appeal No.1327/2017. Both the appeals filed assailing the judgment dated 27.06.2016 delivered in the above Sessions Case, where under the learned Sessions Judge convicted the appellants/A-1 to A-3 for the offence U/s.460 of Indian Penal Code, 1860 (hereinafter referred to as ‘I.P.C’) and sentenced them to undergo life imprisonment and to pay a fine of Rs.1,000/- each, in default, to undergo simple imprisonment for a period of three months each.
2. Pending appeal, the accused No.1 died on 03.06.2024. Therefore, this Court as per order dated 20.06.2024 dismissed the appeal filed by the appellant/A-1, as abated. Hence, the Criminal Appeal No.715/2016 filed by A-2 and the Appeal No.1327/2017 filed by A-3 were heard, considered, and disposed of by this common judgment.
3. The gravamen of the charge is that the accused No.1 to 3 on the intervening night of 10/11.11.2012 committed lurking house trespass by night, entering into the society building and caused death of watchman Sri Janga Rama Jogi (hereinafter referred to as ‘deceased’), and thereby committed offence U/s.460 I.P.C.
4. In nutshell, the case of the prosecution is that the deceased was working as night watchman in Primary Agricultural Co-operative Credit Society Building at Eletipadu village, Iragavaram Mandal, West Godavari District; on 10.11.2012 P.Bala Krishna Reddy (P.W-1) Secretary of the society left the office at about 07.00 p.m. The deceased locked office and slept at the veranda in the first floor of the building; on the intervening night of 10/11.11.2012 the accused No.1 to 3 entered into the society building through steps with an intention to commit theft; they approached the deceased, gagged his mouth, tied his hands and legs with a rope and killed him by smothering with a pillow; later, they opened the doors of the western side hall; they entered into the Secretary room, made attempt to open iron safe; they could not get any valuable property; they went away from the building; on the next day at about 05.30 a.m., G.Dhanalakshmi (P.W-6), Sweeper, came to the society and observed the deceased found dead in the veranda of the building; she immediately informed P.W-1 about the incident; P.W-1 came to the society building, noticed the watchman died and then presented a report to Iragavaram Police on 11.11.2012 at about 07.30 a.m. under Ex.P-1; P.W-14 Head Constable of Iragavaram P.S. basing on Ex.P-1 report, registered Ex.P-13 FIR and submitted to the learned Magistrate and copies to all concerned; Inspector of Police, Penugonda Circle (P.W-15) on receipt of copy of FIR, proceeded to scene of offence, secured witnesses P.W-10 and P.W-11 and inspected the scene of offence and prepared Ex.P-14 rough sketch; P.W-15 seized M.Os-1 to 11 available at the scene of offence; he informed dog squad and clues teams to visit scene of offence to collect evidence; the scene of offence was photographed and Exs.P-3 and P-4 are the photographs; he examined P.Ws-1 to 11 and others and recorded their statements; he conducted inquest in the presence of panchayadars under the cover of Ex.P-5 inquest report; the dead body of deceased was sent to Govt. Hospital, Tanuku, for post mortem examination; clues team visited the scene of offence; Finger Print Inspector (P.W-12) examined the scene of offence and found certain chance prints at the scene of offence.
On 15.11.2012 on information received from P.W-14 regarding the presence of A-1 to A-3 with Village Revenue Officer (P.W-10), Eletipadu village.P.W-15 proceeded to Iragavaram P.S. and received Ex.P-6 report from P.W-10; he examined them and identified them as A-1 to A-3 and recorded their confessional statements and basing on the same, he seized M.Os-12 to 14 und
