Extra-judicial confessions can support convictions if corroborated by independent evidence; circumstantial evidence must form a complete chain to establish guilt.

JUDGMENT:

(per the Hon’ble Sri Justice K.Sreenivasa Reddy)

These Criminal Appeals are directed against the Judgment dated 21.06.2016 passed in Sessions Case No.216 of 2013 on the file of the I Additional Sessions Judge, Nellore.

2. Appellant in Criminal Appeal No.584 of 2016 is A.2 in the aforesaid Sessions Case. Vide the impugned judgment, the learned Sessions Judge found the appellant/A.2 guilty of the offence punishable under Section 498A of the INDIAN PENAL CODE , 1860 (for short, ‘IPC’), accordingly convicted him of the said offence and sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.500/-, in default to suffer simple imprisonment for a period of one month.

3. The appellant in the other Criminal Appeal Nos. 13 of 2017 and 468 of 2020 is A.1 in the aforesaid Sessions Case. The appellant/A.1 got filed Criminal Appeal No.13 of 2017 through the Legal Aid counsel Sri N.Parameswara Reddy, and also got filed Criminal Appeal No.468 of 2020 through his counsel Sri P.Narahari Babu. Vide the impugned judgment, the learned Sessions Judge found the appellant/A.1 guilty of the offences punishable under Sections 302 and 376 IPC, accordingly convicted him of the said offences and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1,000/-, in default to suffer simple imprisonment for a period of one month for the offence punishable under Section 302 IPC and further sentenced him to suffer rigorous imprisonment for a period of seven years and to pay a fine of Rs.500/-, in default to suffer simple imprisonment for a period of one month for the offence punishable under Section 376 IPC. The sentences were directed to run concurrently.

4. Case of the prosecution, in brief, is as follows.

The deceased Shaik Rasoolamma @ Rasooli is wife of A.2. A.1 is father, and A.3 is mother, of A.2. P.W.1 is elder brother of the deceased. Marriage between A.2 and the deceased was performed about 4 years prior to the incident, and they were blessed with two male children out of the wedlock. A.2 was addicted to vices viz. drinking, playing cards, etc. and sold gold ornaments of the deceased, which were given to her by her parents at the time of marriage, for his vices. The accused used to ill-treat and harass the deceased physically and mentally, demanding her to get Rs.50,000/- from her parents for purchase of an auto by A.2. When the deceased informed the same to P.W.1 and others, they convinced her to adjust with the accused for sake of children. About 20 days prior to the incident, A.2 shifted his residence to Rajiv Gandhi Colony and started living with the deceased, his children and A.1.

On 22.8.2012 at about 4.00 PM, P.W.1, on receipt of information that the deceased fell unconscious in her house, rushed to her house along with relatives and neighbours and found A.2 in the house crying that the deceased hanged herself with cradle saree and fell unconscious. She was shifted to P.W.9, a Registered Medical Practitioner at Mypadu Gate Centre, Nellore for first aid, where he examined and declared her brought dead. On a report lodged by P.W.1, P.W.19-A.S.I. registered a case in crime No.197 of 2012 of II Town police station, Nellore for the offences punishable under Sections 498A and 306 IPC. During the course of investigation, P.W.15-Mandal Executive Magistrate conducted inquest over the dead body of the deceased on 23.8.2012 in the presence of mediators. Thereafter, the dead body was sent for post-mortem examination. P.W.19 observed the scene of offence and seized one silk saree having white and yellow flower design, one thin (light) bed (bontha), one red colour chunni and one green colour bangles in the presence of mediators under cover of observation report.

P.W.14 and another Doctor conducted post mortem examination over the dead body of the deceased and found presence of spermatozoa in the vagina of the deceased, and opined that there were signs of rape and the cause of death of the deceased was