In a criminal case based on circumstantial evidence, the prosecution must establish an unbroken chain of circumstances that conclusively points to the guilt of the accused, excluding any reasonable hypothesis of innocence. Failure to prove such a chain entitles the accused to an acquittal.

JUDGMENT :

K. Suresh Reddy, J.

All the three (3) accused in Sessions Case No.12 of 2015 on the file of the Court of the learned I Additional District and Sessions Judge, Ongole are the appellants in the present Criminal Appeal. They were tried by the learned Additional Sessions Judge under the following charges.

1. First Charge was under Section 302 IPC against A2

2. Second Charge was under Section 302 r/w 34 IPC against A1 and A3.

3. Third Charge was under Section 379 IPC against A1 and A2

4. Fourth Charge was under Section 412 IPC against A3

2. Substance of the charge is that A1 to A3, in furtherance of their common intention to commit theft in the house of Avvaru Nageswaramma (hereinafter referred to as ‘the deceased’), and in that process A1 and A2 trespassed into the house of the deceased on 02.02.2014 at about 8:00 P.m., while A3 stood watching outside the house and committed theft of gold ornaments (Mos.1. to 3), and, in the meanwhile, when the deceased woke up, A2, on the instigation of A1, beat the deceased with an iron rod, as a result she succumbed to injuries, and the accused escaped with MOs.1 to 3 – Jewellery and thereby committed offences punishable under Sections 302, 379 r/w Section 34 IPC and 412 IPC.

3. After completion of trial, the learned Additional Sessions Judge convicted A2 under Section 302 IPC and sentenced him to suffer Rigorous Imprisonment for „LIFE‟ and also to pay a fine of Rs.1000/- in default to undergo Simple Imprisonment for six (6) months. Learned Additional Sessions Judge convicted A1 and A3 under Section 302 r/w 34 IPC and sentenced each of them to suffer Rigorous Imprisonment for „LIFE‟ and also to pay a fine of Rs.1000/- each, in default to undergo Simple Imprisonment for six (6) months each. Learned Additional Sessions Judge further convicted A1 to A3 under Section 379 r/w 34 IPC and sentenced each of them to suffer Rigorous Imprisonment for two years. Both the substantive sentences against A1 to A3 were directed to run concurrently. However, the learned Additional Sessions Judge acquitted A3 of the charge under Section 412 IPC.

4. Case of the prosecution, as per the evidence of the prosecution witnesses, briefly is as follows:-

(i) P.W.1 was working as Sub-Inspector of Police at Bapatla Police Station on the date of incident. The deceased was none other than the mother of P.W.1. P.W.3 is brother-in-law of P.W.1, and P.W.4 is a distant relative of P.W.1. The deceased was residing alone in her house situated at Syndicate Weavers Colony, Epurupalem village.

(ii) On 29.01.2014, the deceased visited Repalle to attend the farewell function of P.W.1, who was transferred to Bapatla Town Police Station. On31.01.2014, she returned to Epurupalem village.

(iii) On 03.02.2014, at about 9:00 a.m., P.W.1 received a phone call from S. Sivannarayana (L.W.4) who was residing in the opposite house of the deceased, stating that the deceased did not wake up till that time, though she used to wake up daily at about 7:00 a.m. He further stated that, on suspicion, he along with Sajja Jaswanth (L.W.8) entered the compound of the deceased and noticed chilli powder sprinkled and the main door was closed. On receipt of the said information, P.W.1 contacted P.Ws.2 and 5 who are his stepbrothers and also P.W.3 and asked them to go to the house. Thereafter, P.W.3 informed P.W.1 that the deceased was found dead and that the almirahs were broke open. On receiving the said information, P.W.1 reached the house at about 11:00 a.m. and found the dead body of the deceased lying in a pool of blood. Thereupon, P.W.1 went to the police station and lodged a report.

(iv) At about 11:50 a.m. on the same day, P.W.14-the then Inspector of Police, Chirala II Town Police Station, received Ex.P1 report from P.W.1 and registered a case in Crime No.17 of 2014 under Sections 302 and 380 r/w Section 34 IPC. He issued copies of FIR to all the concerned. FIR is marked as Ex.P25. He requested the Special Branch Inspector to depute Dog Squad and Clues T