2024 Supreme(Online)(AP) 20412
HIGH COURT OF ANDHRA PRADESH
K Suresh Reddy, K Sreenivasa Reddy, JJ
Chedala Gundana – Appellant
Versus
State of AP – Respondent
CRIMINAL APPEAL NO: 476/2017
For the Appellants/Petitioners: M Bhagyasri, Legal Aid
For the Respondents: Public Prosecutor
The evidence of interested witnesses, such as family members of the deceased, is reliable and sufficient to secure a conviction if it is consistent, natural, and corroborated by other evidence, as mere relationship with the deceased does not disqualify a witness in a criminal prosecution.
Headnote:(A) Indian Penal Code, 1860 - Section 302 - Murder - Illicit relationship - Conviction - Challenges on the basis of interested witnesses - Evidence of eye-witnesses found consistent, cogent, and trustworthy - Mere relationship with the deceased is not a ground to discredit the testimony - Motive proved - Medico-legal evidence corroborated ocular testimony - Conviction upheld. (Paras 11, 12, 13, 18, 19, 20, 22)
Facts of the case:
The appellant suspected his wife (deceased No.2) of having an illicit relationship with the deceased No.1. On 18.08.2014, the appellant attacked and beheaded both deceased residents in separate locations. Witnesses observed the appellant carrying the severed heads on a stick. A police case was registered, leading to the appellant’s arrest and recovery of the weapon and severed body parts. The trial court convicted the appellant under Section 302 IPC.
Findings of Court:
The court found the evidence of eye-witnesses, including family members, to be natural and convincing. The prosecution successfully established a strong motive and corroborated the ocular evidence with medical autopsy findings and recovery of physical evidence.
Issues: Whether the conviction of the appellant was sustainable based on the testimony of interested witnesses in the absence of independent corroboration and whether the motive proved the guilt of the accused.
Ratio Decidendi: The court held that relationship to the deceased does not render a witness inherently unreliable if their testimony is consistent, natural, and inspires confidence. The motive coupled with strong ocular and physical evidence is sufficient for a conviction.
Result: Appeal dismissed.
| Table of Content |
|---|
| 1. summary of prosecution case and trial court verdict. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments regarding the credibility of interested witnesses. (Para 8 , 9) |
| 3. court evaluation of witness consistency and corroborative physical/medical evidence. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 4. final confirmation of conviction. (Para 23) |
JUDGMENT :
(Per the Hon’ble Sri Justice K.Sreenivasa Reddy)
Sole accused in Sessions Case No.51 of 2015 on the file of the I Additional Metropolitan Sessions Judge, Visakhapatnam (for short, ‘the learned Sessions Judge’), is the appellant herein.
2. Vide judgment dated 27.02.2017 in the aforesaid Sessions Case, the appellant was convicted of the offence punishable under Section 302 of the Indian Penal Code, 1860 (for short, ‘IPC’) and sentenced to undergo imprisonment for life and to pay fine of Rs.500/- in default to suffer simple imprisonment for a period of three months.
3. The substance of charge as against the accused is that on 18.08.2014 at about 6.00 AM, the accused hacked Chedala Narayana, s/o.Mallanna (hereinafter referred to, as ‘deceased No.1’) with a knife and on the even date, he hacked Chedala Janakamma, w/o. Gundanna (hereinafter referred to, as ‘deceased No.2’) at Goppulapalem village, casing death of both the deceased and thereby he committed the offence punishable under Section 302 IPC.
4. Case of the prosecution, in brief, is that deceased No.2 is wife of the accused. Their marriage took place about 13 years prior to the incident. They lived in Goppulapalem village, Hukumpeta mandal. Out of the wedlock, they begot two children. Deceased No.2 developed illicit intimacy with deceased No.1, for which the accused chastised them several times. Both the deceased were caught red-handed three months prior to the incident, when they were in compromising position under a tree nearby the village. On that, the accused beat deceased No.1 and brought his wife back to him. Thereafter also, there was no change in their attitude and deceased No.1 eloped deceased No.2 from the village and kept her at Gorrigudda village in the house of P.W.4. Having vexed with their behaviour, the accused decided to do away with their lives and was waiting for an opportunity. On 18.08.2014, the accused reached the agricultural field of deceased No.1 along with a knife and at about 6.00 AM, found deceased No.1 there and hacked him with the knife. On that, deceased No.1 died on the spot. P.Ws.1, 3 and one K.Arjun witnessed the incident. Thereafter, the accused, armed with the same knife, went to Gorrigudda at about 7.00 AM and found deceased No.2 cleaning utencils beside a well. He hacked her with the same knife and murdered her. P.W.5, 13 and one B.Demudamma witnessed the incident. The accused severed heads of both the deceased from their trunks, returned home, kept the severed heads in separate plastic bags, kept each bag to the terminals of a stick (kavidi) and left home with the knife by holding stick across shoulder towards Thumpada village. Basing on the report lodged by P.W.1, police registered a case in crime No.31 of 2014 of Hukumpeta police station. During the course of investigation, police visited the scenes of occurrence, prepared rough sketch of the scenes of occurrence, got photographed the scenes of occurrence, held inquest over the dead bodies of the deceased Nos. 1 and 2 separately and sent the same to the Area Hospital, Paderu for autopsy. On 18.08.2014, police arrested the accused and pursuant to his confessional statement, police seized blood stained knife, two bags containing head portions of the dead bodies of the deceased under cover of panchanama and prepared rough sketch of the scene where the accused was arrested and got photographed the same and the heads were sent to the Area Hospital, Paderu. On 19.8.2014, police held separate inquests over the separated head portion of deceased Nos. 1 and 2 and sent the same to the Area Hospital for autop