IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K Suresh Reddy, K Sreenivasa Reddy, JJ.
Goruganthu Uma Shankar @ Sankar - Appellant
Versus
The State of AP Rep PP - Respondent
Criminal Appeal No : 542 of 2016
Decided On : 10-07-2024
| Table of Content |
|---|
| 1. factual background of the case and prosecution's evidence (Para 1 , 2 , 3 , 4 , 5) |
| 2. defense arguments challenging evidence and witness credibility (Para 9 , 10) |
| 3. legal principles on witness testimony and last-seen theory (Para 11) |
| 4. court's analysis of evidence supporting conviction (Para 12 , 13 , 14) |
| 5. court's conclusion on the conviction and dismissal of appeal (Para 15 , 16) |
JUDGMENT :
K.Suresh Reddy, J.
Sole Accused in Sessions Case No.309 of 2014 on the file of the Court of Additional District and Sessions Judge, Narasapur, West Godavari District, is the appellant in the present Criminal Appeal. He was tried and convicted by the learned Additional Sessions Judge under Section 302 IPC and was sentenced 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 one (01) year.
2. Substance of the charge is that on 05.10.2013 at about 4.30 P.M, the accused brutally attacked one Goruganthu Srivalli Gayathri (hereinafter referred to as the deceased) with a kitchen knife in her parents’ house situated at Sripada Vari Street, Achanta Village and Mandal, causing her instantaneous death, thereby committed offence punishable under Section 302 IPC.
3. Case of the prosecution, as per the evidence of prosecution witnesses, is as follows:-
All the material prosecution witnesses are residents of Achanta Village and Mandal. Pw-1 is the father of the deceased, Pw-2 is the mother of the deceased, Pw-3 is the paternal aunt of the deceased, Pw-4 is the sister of the deceased, Pw-5 is the husband of Pw-4, Pw-6 is the nephew of Pw-1, Pws-7 and 10 are the neighbours, Pw-8 is the owner of the house, where Pw-1 is residing on rent and Pw-9 is the brother’s son of Pw-1. Pws-1 and 2 performed the marriage of the deceased with the accused about fifteen (15) years back and they were blessed with a son aged about 13 years. Pw-1, at the time of marriage, an amount of Rs.45,000/- cash, 3 sovereigns of gold articles and ¼ kg silver articles were given to the accused. The couple lived for some time at Marteru Village. The couple lead happy marital life for a period of five (05) months. Thereafter, the accused started ill-treating and harassing the deceased suspecting her fidelity. Pws-1 and 2 used to pacify the disputes. On 05.10.2013 between 12.00 and 12.30 Noon, the accused went to the house of Pws-1 and 2 and requested to arrange an amount of Rs.1,50,000/- for purchasing a house site at Vanampalli Village. He also requested Pws-1 and 2 to sell away the gold articles of the deceased and pay the amount. Subsequently, Pw-2 went to Marteru Village to her sister’s house whereas Pw-1 went to the temple to perform pooja. While leaving, Pws-1and 2 found the deceased along with the accused in the house. At about 5.30 P.M or 6.00 P.M, there ensued an altercation between the accused and the deceased, which was heard by the prosecution witnesses i.e., Pws-3, 6, 9 and 10. Shortly thereafter, the accused came out of the house of Pw-1, abusing the deceased and left the place along with a kitchen knife on his motor cycle. Immediately, Pw-3 and other workers working in the fields went inside the house and found the deceased lying in a pool of blood. Having seen the incident, Pw-3 sent Pw-10 to inform the same to Pw-1. Immediately, Pw-10 went to Pw-1 and informed about the incident. Immediately, Pw-1 returned home and found the deceased in a pool of blood. On the same day, at about 10.00 P.M, Pw-1 went to the Police Station and gave a report-Ex.P-1. Pw-14-Head Constable, Achanta Police Station received Ex.P-1 from Pw-1 and registered a case in Cr.No.75 of 2013 under Section 302 IPC and issued copies of FIRs to all the concerned. Ex.P-6 is the copy of FIR. On the same day, having received the information from Pw-14 about the incident, Pw-15-Inspector of Police went to the scene of offence. As all the blood relatives of the deceased were in shock on that night, he could not examine t
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