Circumstantial evidence must be incontrovertibly established to support a conviction, with the prosecution required to prove guilt beyond reasonable doubt.

JUDGMENT :

1. Accused Nos.1 and 2 were tried for the offence of murder by the Metropolitan Sessions Judge, Hyderabad, in SC.No.374/2015, wherein, A1 was convicted and A2 was acquitted.

2. Criminal Appeal No.405 of 2016 is filed by Accused No.1 questioning his conviction recorded by the Metropolitan Sessions Judge, Hyderabad, in SC.No.374/2015 for the offences under Sections 302 , 379 and 201 of the INDIAN PENAL CODE and sentencing him to undergo Imprisonment for life and to pay a fine of Rs.10,000/- for the offence under Section 302 of IPC ; to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.2,000/- for the offence under Section 379 of IPC ; to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.10,000/- for the offence under Section 201 of IPC .

3. Criminal Appeal No.1262 of 2017 is filed by the State questioning the acquittal recorded against Accused No.2 by the Metropolitan Sessions Judge, Hyderabad, in SC.No.374/2015 for the offences under Sections 120-B , 364 read with 109 , 302 read with 109 , 380 read with 109 and 201 of the INDIAN PENAL CODE .

4. Since both the appeals are questioning the very same Judgment of the Sessions Court, both the appeals are disposed off by way of this common Judgment.

5. PW.1-defacto complainant, is the husband of deceased- K.Sunitha. PW.1 went to the Police Station on 18.06.2014 and lodged a complaint before the Police which is Ex.P1. In the complaint, PW.1 stated that the deceased, his son-PW.2 and his daughter-PW.3 were residing in Bapunagar, Ambepet, Hyderabad. PW.1 was working in Bihar and he used to visit the house once in every two months. PW1 also stated that, two months earlier, the deceased received an obscene message on her mobile phone No.8978099333 from another phone No.9010927814. After receiving the obscene message, PW.2-son of the deceased called the said number and reprimanded him. PW.1 visited Hyderabad in April, 2014 and returned to Bihar on 14.05.2014. In the evening of 16.06.2014, PW.1 received a message from his wife’s (deceased) phone number stating that she was eloping with someone and asked PW.1 to take care of PWs.2 and 3 (children of deceased). A message was also received by PW.2 (son) to his phone number saying that the deceased was leaving the house and asked PW.2 to take care of PW.3. Attempts were made by PWs.1 and 2 to contact the deceased’s phone, however, it could not be reached. PW.1 called up PW.2 and PW.2 informed PW.1 that the deceased informed PW.2 that she was going to see a doctor at Mehdipatnam on Monday i.e., on 15.06.2014. PW.1 then came to Hyderabad on 18.06.2014 and directly went to Amberpet Police Station and lodged a written complaint. He expressed in the complaint that he suspects the person who sent the obscene message, two months earlier, as the person responsible for deceased’s missing.

6. PW.25-Investigating Officer registered the case as ‘woman missing’ and the investigation was taken up by PW.26-Inspector. PW.26 recorded the statements of PWs.1 to 3 and also informed the other police stations. The call details of both cell phone numbers of the deceased and suspect were called for and analysed. The cell phone of the deceased was found to be used by PW.4 on the basis of the IMEI Number of deceased’s mobile. PW.4 was then questioned by PW.26, and PW.4 stated that he found the cell phone with the deceased’s SIM number, however, he threw the deceased’s SIM away and inserted his own SIM vide No.9640217862, in decea