IMPORTANT POINT
The conviction for murder was upheld based on credible eyewitness testimony and corroborating medical evidence, establishing the appellant's guilt beyond reasonable doubt.

JUDGMENT :

P. SAM KOSHY, J.

1. The instant is an appeal under Section 374(2) of the Cr.P.C. filed by the appellant- accused challenging the judgment of conviction dated 22.01.2016 in Sessions Case No. 286 of 2014 passed by the Judge, VII Additional District and Session Judge, Bodhan.

2. Heard Mrs. M. Bhagyasri, learned counsel for the appellant and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent-State.

3. Vide the impugned judgment, the Trial Court found the appellant guilty for the offence punishable under Section 302 of the Indian Penal Code, 1860 (for short ‘IPC’) and upon convicting the appellant, sentenced him to under rigorous imprisonment for life with fine of Rs.1,000/- and in default of payment of fine to undergo simple imprisonment for a period of one month.

4. The case of the prosecution, as per the charge sheet, is that on 08.10.2013 at 9 A.M. PW-1 (M. Balram) who is the brother of the Govoori Eshwari (hereinafter, the ‘deceased No. 1’) and Govoori Mounika daughter of deceased No. 1 (hereinafter, the ‘deceased No. 2’) lodged a complaint at Varni Police Station, Nizamabad, contending that they performed marriage of the deceased No. 1 with the appellant about 20 years back and out of wedlock they were blessed with two children. He stated that two years back before the incident had happened, the appellant went to Dubai for his livelihood and later on returned to Kunipur Village and started doing agricultural works. Since his return from Dubai, he started quarreling and assaulting physically by suspecting the fidelity of the deceased No. 1. Further, deceased No. 2 assessing the circumstances supported deceased No. 1 against the appellant’s ill-treatment. This led appellant to develop grudge against deceased Nos. 1 and 2 and started quarreling with them and threatening to kill them eventually. About three months back, deceased No. 1 along with her two children, deceased No. 2 and PW-2 moved to her maternal house temporarily due to such harassment by the appellant. A month later, the appellant visited his in-laws house and thereafter a panchayat meeting was held before caste elders PW-5, PW-6 and LW-8 (who was not examined) where the appellant promised to take care of the deceased No. 1 by avoiding such conflicts and on believing the promise made by the appellant, deceased No. 1 and her children returned to the appellant’s home. However, on 07.10.2013, the appellant again started quarreling with deceased No. 1 and assaulted her physically. PW-2 informed PW-1 about the incident which prompted the PW-1 and caste relative PW-7 to visit Kunipur village to advise the appellant and his sister, after which they left in the evening.

5. Next day that is on 08.10.2013 at about 2:30 A.M. in the morning the appellant returned home and found his wife and daughter sleeping on the cot. Thereafter, the appellant with an intent to kill, took the knife and stabbed the deceased No. 1 in the chest and waist and also stabbed the deceased No. 2 in the neck and ribs. On hearing the cries of deceased Nos. 1 and 2, PW-2 woke up and witnessed his father committing the act against both of them. Subsequently, PW-2 called PW-1 and informed that deceased Nos. 1 and 2 were stabbed to death by the appellant. PW-1 rushed immediately to the deceased’s house where he saw dead bodies of deceased Nos. 1 and 2 lying on the cot.

6. The police authorities registered the complaint as Cr. No. 230 of 2013 for the offence under Section 302 of IPC. During the course of investigation, the appellant was apprehended on 11.10.2013 and during interrogation he confessed the crime. Based upon the said confessional statement made by the appellant, the police authorities recovered blood stained knife from the old hut which was used for commission of the offence. Thereafter, a charge-sheet was filed and the matter was put to trail before the VII Additional District and Session Judge, Bodhan where the case was registered as S.C. No. 286 of 20