The prosecution must establish circumstantial evidence linking the accused to a crime beyond reasonable doubt; suspicion alone is insufficient for conviction.

JUDGMENT :

K. SREENIVASA REDDY, J.

The sole accused in Sessions Case No.54 of 2016 on the file of the learned II Additional Sessions Judge, Parvatipuram, is the appellant in the present criminal appeal. He was tried for the offences punishable under Sections 302 and 201 IPC. By his judgment dated 27.01.2017, the learned Sessions Judge found the accused guilty of the charges under Sections 302 and 201 IPC, accordingly convicted him of the said charges and sentenced him to suffer Rigorous Imprisonment for life and to pay fine of Rs.1,000/- (Rupees One thousand only), in default to suffer Rigorous Imprisonment for a period of three (3) months, for the offence punishable under Section 302 IPC. He was further sentenced to suffer Rigorous Imprisonment for two (2) years and to pay fine of Rs.500/- (Rupees Five hundred only), in default to suffer rigorous imprisonment for a period of two (2) months, for the offence punishable under Section 201 IPC. The substantive sentences were directed to run concurrently.

2. The substance of the charges is that, on 19.11.2015, at about 04.00 p.m., at his fields situated at Ramabhadrapuram Village, the accused caused the death of his wife, namely Ponduru Lakshmi (hereinafter referred to as "deceased") by strangulating her with a jute rope. In the course of same transaction, in order to screen the evidence, on 28.11.2015, the accused burnt the dead body of the deceased in the fields of PW5, thereby committed the offences punishable under Sections 302 and 201 IPC.

3. Case of the prosecution, as culled out from the evidence adduced by it, is as under.

The appellant/accused is the husband of the deceased. PW2 is the father, and PW3 is the mother, of the deceased. PW4 is the deceased's sister's husband. PW6 is the co-sister of the deceased. Marriage of the deceased was performed with the accused about 11 months prior to the alleged incident. They lived happily for about five months. The accused alongwith the deceased went to his in-laws house for festival. During that time, the deceased moved freely with PW4. The accused suspected her behaviour. Thereafter, the accused used to beat the deceased in a drunken state. The deceased used to complain to her parents about the harassment being meted out by the accused. One day, at about 04.00 p.m., the accused and the deceased were seen going to their fields. But, at 07.00 p.m., on that day, the accused alone had returned to his house. He informed his parents that the deceased went to her parents house. They enquired PWs.2 and 4, the father and brother-in-law of the deceased about her, but in vain.

(ii) On 28.11.2015, at about 05.00 p.m., one Rajeti Haribabu, VRA, informed PW1 that there was a dead body of a female person, which was partly burnt in the fields of PW5. On information, PW1 and the said Haribabu went to the fields of PW5 and found partly burnt dead body of a female person, aged about 19 years. Then, he lodged a report Ex.P1 in Ramabhadrapuram Police Station.

(iii) On 28.11.2015, PW14-the Sub-Inspector of Police, Ramabhadrapuram Police Station received Ex.P1 report from PW1 and, basing on the same, he registered a case in Crime No.167 of 2015 of Ramabhadrapuram Police Station, for the offences punishable under Sections 302 and 201 IPC. Ex.P13 is the original FIR. He examined PW1 and recorded his statement.

(iv) On 29.11.2015, PW15 - the Inspector of Police, Salur Circle, on recei