ANDHRA PRADESH HIGH COURT
N.ooty Shaila, J
Pallapu Raju @ Pedda Raju v. State of A.P.
Criminal Appeal|S.C.No.355 of 2007
| Table of Content |
|---|
| 1. overview of the murder case and initial conviction. (Para 1 , 2 , 3 , 6) |
| 2. final conclusion on conviction and appeal dismissal. (Para 5 , 16) |
| 3. court analysis on extra-judicial confession's reliability. (Para 7 , 11 , 15) |
| 4. arguments concerning the credibility of extra-judicial confessions. (Para 8 , 10 , 12) |
1. This appeal is directed against the conviction and sentence passed in S.C.No.355 of 2007 by the Sessions Judge, Prakasam District at Ongole on 16.06.2008.
2. The appellant is the sole accused and he was prosecuted for the offence under S.302 of the Indian Penal Code , 1860 (for short "IPC").
3. According to the prosecution, the accused married the deceased Pallapu Venkata Ramana about five years back and they blessed with a male child and two female children and the accused is a mason by profession. Prior to the incident, both the accused and the deceased went to Godavarikhani near Ramagundam on masonry works and during their stay the accused used to suspect the character of the deceased and used to beat her now and then. Prior to three months of the incident, the deceased left the accused from Gadavarikhani due to harsh treatment and came to her parents' house at Addanki and informed her parents about the behaviour of the accused. Subsequently, the accused also came to Addanki with a plan to do away with the life of the deceased and impressed upon his in - laws that he would be fair with his wife and took her to Tirupati on 24.09.2004 and returned back on 26.09.2004 morning and thereafter he picked up a quarrel with her. On 27.09.2004 in the morning the accused came from Kalavakur at about 11.00 hours while the deceased was washing clothes at Gundlakamma vagu and informed her that her child received injuries in an accident and by deceitful means took her out of the working place towards the village and when she came near the bushes the accused picked up a sickle from the bushes, which was concealed by him earlier, and hacked her on both sides of her back, left hand wrist, left forearm, left hand elbow in between thumb and middle finger of right hand, right wrist, right elbow and on her back and the deceased died on the spot due to the multiple bleeding injuries. The accused left the scene of offence along with the weapon and came to Addanki village to MRO's office road and appeared before the Panchayat Secretary and a clerk on the road and informed them about the killing of his wife and also shown them the weapon used in the commission of the offence. Upon which the Panchayat Secretary and the clerk recorded his statement and produced him before the SHO, Addanki along with the weapon and statement of the accused and along with their report. Basing on the said report, PW.10 has registered the case in Cr.No.109 of 2004 under S.302 of IPC and thereafter PW.11 took up the investigation and visited the scene of offence and held inquest over the dead body of the deceased and arrested the accused and remanded him to judicial custody and sent the dead body for post mortem examination and the doctor PW.8, who conducted autopsy over the dead body of the deceased, found the deceased died due to shock due to haemorrhage due to damage of cervical region of the vital vessels on both sides with multiple fracture injuries. The investigating officer after completion of investigation, filed the charge sheet against the accused.
4. The Sessions Judge has framed the charge under S.302 of IPC against the accused and the accused pleaded not guilty for the said charge.
5. The prosecution in order to establish the said charge examined P.Ws.1 to 11 and got marked Exs.P - 1 to P - 19 and MOs.1 to 7. No oral evidence was adduced in defence but Exs.D - 1 to D - 3 were marked on his behalf.
6.Taking into consideration of said oral and documentary evidence, the Sessions Judge found the accused guilty for the charge under S.302 of IPC and convicted and sentenced him to suffer imprisonment for life and to pay a fine of Rs.100/- in
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.