The conviction of the accused for murder and theft was upheld based on established circumstantial evidence, confirming the guilt beyond reasonable doubt.

JUDGMENT :

K. Suresh Reddy, J.

Both the accused in Sessions Case No.393 of 2009 on the file of the Court of IX Additional District and Sessions Judge, Chittoor, are the appellants. They were tried by the learned Additional Sessions Judge, Chittoor under the following charges.

(i) First charge was under Section 457 IPC against both the accused.

(ii) Second charge was under Section 380 IPC against both the accused

(iii) Third charge was under Section 302 IPC against both the accused and

(iv) Last charge was under Section 411 IPC against both the accused.

2. Substance of the charge is that on the night of 11.04.2009, both the accused, trespassed into the house of R. Kanthamma (hereinafter referred to as „the deceased‟) situated at Municipal Colony, Chittoor, and committed theft of M.Os.1 to 4 and caused her death, thereby committed offences punishable under Sections 457 , 380, 302 and 411 IPC.

3. After completion of trial, the learned Additional Sessions Judge convicted both the accused under Section 302 IPC and sentenced each of them to undergo Rigorous Imprisonment for “LIFE” and also to pay a fine of Rs.500/- each, in default to undergo Simple Imprisonment for a period of three (3) months each. The learned Additional Sessions Judge further convicted both the accused under Section 457 IPC and sentenced each of them to undergo Rigorous Imprisonment for three (3) years and also to pay a fine of Rs.100/- each, in default to undergo Simple Imprisonment for a period of one month each. The learned Additional Sessions Judge further convicted both the accused under Section 380 IPC and sentenced each of them to undergo Rigorous Imprisonment for three (3) years and also to pay a fine of Rs.100/- each, in default to undergo Simple Imprisonment for a period of one month each. All the substantive sentences were directed to run concurrently.

4. Case of the prosecution, briefly, is as follows:

Both the accused as well as the material prosecution witnesses are residents of Chittoor. The deceased was also resident of Chittoor. Accused No.2 is the second wife of Accused No.1. P.Ws.1 and 5 are sons and P.W.6 is daughter of the deceased respectively. The deceased was residing alone in her house. P.W.5 was living at Bangalore, whereas P.W.1 was staying at his in-laws’ house at Vellore. P.W.1 was practising as an RMP Doctor at Chittoor and was running a clinic near Renuka Kalyana Mandapam.

(ii) On 12.04.2009, P.W.1 attended his clinic in the morning and thereafter proceeded to the house of the deceased at about 3.15 p.m. He found the door of the house locked from inside and opened the same with the key available with him. Upon entering the bedroom and calling his mother, there was no response. He then noticed that the deceased was lying dead and that blood was oozing from her mouth. He further observed that the gold chain and ear studs worn by the deceased were missing. At about 4.20 p.m. on the same day, P.W.1 approached the Police Station and lodged a report.

(iii) P.W.23- the then Inspector of Police, C.C.S. Chitoor, received Ex.P1-report from P.W.1 and registered a case in Crime No.70 of 2009 under Sections 302 and 379 IPC. He issued copies of FIR to all the concerned. Ex.P27 is the FIR. Immediately he summoned Clues Team and Dog Squad to the scene of offence. At about 5.15 p.m., P.W.23, along with his staff, visited the scene of offence, secured the presence of P.W.1 and recorded his statement. By then, the Clues Team had reached the scene of offence.

(iv) P.W.22, the then Inspector of Police and In-charge of the Finger Print Unit of the Clues Team, Chittoor, collected chance fingerprints from the side door of