The prosecution failed to establish guilt beyond reasonable doubt in a circumstantial evidence case, leading to the acquittal of the appellants.

JUDGMENT :

1. Criminal Appeal No.464 of 2017 was filed by A1 and Criminal Appeal No.381 of 2017 was filed by A2.

2. A1 and A2 were convicted for the offences under Sections 302, 380, 201 r/w 120-B of IPC vide judgment in S.C.No.14 of 2015 dated 14.02.2017 passed by the II Additional Metropolitan Sessions Judge, Hyderabad.

3. Since both the appeals are questioning the conviction of the appellants/A1 and A2, the appeals are heard together and disposed off by way of this Common Judgment.

4. Briefly, the case of the prosecution is that, on 21.06.2013, at 3:00 P.M, PW1/complainant lodged a complaint stating that his sister, Shagufta Shereen (deceased), along with her husband, Amer Mohammed (A1), and their minor daughter, have been are residing at H. No. 6-3-566/23/C, 3rd floor, Anjali Apartments, Venkataramana Colony, Anandnagar Colony, Khairtabad, for the past eight months. Around 10:30 AM, his brother-in-law (A1) left for his office, and approximately at 1:55 PM, P.W.1 received a phone call from A1, informing that PW1’s sister had been stabbed to death and asked PW.1 to come immediately. Upon receiving the information, PW1 rushed to the house and found that his brother- in-law/A1 was present. He saw his deceased sister lying dead on the bed with stab injuries on her throat. He also noticed that empty jewellery boxes and other items were scattered across the room.

5. P.W.1 further stated that some unknown persons had likely stabbed the deceased with knives and fled after stealing a gold necklace set (bracelet and earrings) weighing about 2 tolas, a gold chain weighing about 1 tola, and cash amounting to ₹2,70,000/-.

6. Upon receiving the complaint from PW1, PW21, Detective Inspector of Police, Panjagutta PS, registered a case in Cr. No. 442/2013 under Sections 302 and 380 of the IPC and commenced the investigation.

7. During the course of investigation, PW21, along with the staff, visited the crime scene and, in the presence of mediators P.Ws. 11 and 12, had the scene photographed with the assistance of P.W.14. P.W.21 seized a blood-stained bed sheet and pillow cover. After conducting an inquest in the presence of PW13 and LW16, the deceased's body was sent to the mortuary at Gandhi Hospital, Secunderabad, where it was preserved. On 22.06.2013, P.W.18 conducted an autopsy on the deceased’s body in the presence of PW13, LWs 16 and 17. At the mortuary, PW21 collected the deceased's blood-stained clothes. PW15 photographed the deceased’s body during the autopsy.

8. P.W.21 then secured the presence of PWs 1 to 3 (the deceased’s brother, father, and mother), circumstantial witnesses LWs 4, 6, 8, and PWs 4 to 10 and 19, as well as photographers PWs 14 and 15. Their statements were recorded in detail.

9. P.W.1 spoke about frequent petty quarrels between his brother-in-law/A1, and the deceased over trivial family matters and expressed suspicion about A1’s involvement in the deceased’s death. PWs 2 and 3 corroborated PW1’s statement. P.W.6, a relative of the deceased, stated that he had seen Sudhamsh Netha/A2, visiting the deceased’s house. He further mentioned that A2 was carrying a bag while going upstairs and was later seen leaving hurriedly with the same bag.

10. P.W.17, Chief Medical Officer, examined A2 and noted nail injuries allegedly sustained during a struggle with the deceased. PW.17 issued a medical certificate.

11. P.W.18, the doctor who conducted the autopsy, documented the injuries and opined that the estimated time of death was between 12 to 24 hours before the post-mortem examination (PME). The caus