The court upheld the conviction for murder and trespass, affirming the credibility of child witnesses and the sufficiency of evidence beyond reasonable doubt.

JUDGMENT:

K.Suresh Reddy, J.

Aggrieved by the conviction and sentence recorded by judgment dated 14-12-2016 in Sessions Case No. 179 of 2014 on the file of the Court of learned VI Additional District and Sessions Judge, Prakasam District at Markapur (for short, 'the trial Court'), the accused therein filed the present criminal appeal before this Court. The appellant-accused was tried by the trial Court under the following two charges:

I charge was under Section 452 IPC; and

II charge was under Section 302 IPC.

2. Substance of the charges is that on 06-06-2013 at about 7 p.m., the accused trespassed into the house of one Sirimella Lakshmeswari (hereinafter referred to as 'the deceased'), caught hold of her tuft and dragged her onto road from the house and slashed her throat with a knife causing her death, thereby committed offences punishable under Sections 452 and 302 IPC.

3. After completion of trial, the trial Court convicted the appellant- accused for the offence under Section 302 IPC and sentenced him to suffer imprisonment for life and also to pay a fine of Rs.2,000/-, in default to suffer simple imprisonment for a period of three months. The trial Court also convicted the appellant-accused for the offence under Section 452 IPC and sentenced him to suffer rigorous imprisonment for one year and also to pay a fine of Rs.1,000/-, in default to suffer simple imprisonment for a period of three months. Both the substantive sentences were directed to run concurrently.

4. The accused, the deceased and the material prosecution witnesses are residents of Nagampalli Village, Konakanamitla Mandal. P.W.1 is sister-in-law, P.W.2 is husband, P.W.3 is mother, P.W.4 is father, P.W.5 is sister, P.W.6 is brother and P.Ws.11 and 12 are daughters of the deceased. Marriage of the deceased was performed with P.W.2 in the year 2002 and they were blessed with P.Ws.11 and 12 and one male child. The accused used to harass the deceased demanding to fulfil his lust. The deceased refused for the same and complained to her husband-P.W.2 who warned the accused. While so, on 06-06-2013 at about 7 p.m., the accused trespassed into the house of the deceased, caught hold of her tuft, dragged her outside onto road and slashed her throat with a knife causing her instantaneous death.

On seeing the attack, P.Ws.11 and 12 raised hue and cry. Immediately, P.W.1 came out and found the accused slashing the throat of the deceased and running away from the scene holding a knife. P.W.1 observed the neck of the deceased was slashed. Hearing hue and cry, P.Ws.7, 13 and others came to the scene of offence. Immediately, the injured was taken to P.W.8-Registered Medical Practitioner who found the deceased died.

P.W.26-the then Sub Inspector of Police, Konakanamitla Police Station, having received telephonic information about the incident at about 8.30 p.m., went to Nagampalli Village. P.W.1 gave a report-Ex.P1 to P.W.26. P.W.26 posted a guard at the scene of offence, returned to police station and registered a case in crime No. 54 of 2013 of Konakanamitla Police Station under Sections 452 and 302 IPC and issued copies of FIR to all the concerned. FIR was marked as Ex.P14.

On the next day, P.W.27-the then Inspector of Police, Podili Circle, took up investigation, proceeded to the scene of offence and prepared an observation report-Ex.P16 in the presence of P.Ws.21 and 22. P.W.27 also prepared a rough sketch-Ex.P15 at the scene of offence. P.W.27 seized M.Os.1 to 4 at the scene of offence in the presence of P.Ws.20 and 21. P.W.27 got the scene photographed through P.W.16. Photographs and C.D. were marked as Ex.P3.

P.W.27 held inquest over the dead body of the deceased in the presence of P.Ws.21 and 23. Inquest report was marked as Ex.P17. Thereafter, P.W.27 sent the dead body for conducting post mortem examination.

P.W.25-Civil Assistant Surgeon, Community Health Centre, Podili, conducted autopsy over the dead body of the deceased. He opined the cause of death was due to shock and haemo