Circumstantial evidence must establish a conclusive chain pointing to the guilt of the accused beyond reasonable doubt.

JUDGMENT: (Per Sri Justice K. Suresh Reddy)

Sole accused in Sessions Case No.126 of 2014 on the file of the XIII Additional District and Sessions Judge, Narasaraopet, dated 22.03.2018 is the appellant. He was tried by the learned Additional Sessions Judge, Narasaraopet under the following charges:

(i) First charge was under Section 302 IPC

(ii) Second charge was under Section 379 IPC

2. Substance of the charge is that on the night of 07.01.2012, at about 9.00 a.m., the accused went to the house of his brother on his motor cycle bearing No.AP 7 BC 3560, situated at Vidya Towers, Bank street, Narasaraopet, entered into Flat No.302 and asked his sister-in-law, by name Bapireddy Padma (hereinafter referred to as ‘the deceased’) to arrange an amount of Rs.1,00,000/- and when she refused the accused attacked her with a knife – MO.24 causing her death. In the same process, he committed theft of jewellery, cash etc.(M.Os. 1 to 13), worth about Rs.10,00,000/- from the iron safe, thereby committed offences punishable under Sections 302 and 379 IPC .

3. After completion of trial, the learned Additional Sessions Judge convicted the accused/appellant under Section 302 IPC and sentenced him to suffer Imprisonment for “LIFE” and also to pay a fine of Rs.1000/-, in default to undergo Simple Imprisonment for a period of three (3) months. The learned Additional Sessions Judge further convicted the accused/appellant under Section 379 and sentenced him to suffer Rigorous Imprisonment for a period (3) years. Both the substantive sentences were directed to run concurrently.

4. Case of the prosecution, briefly, is as follows:

(i) The accused as well as the material prosecution witnesses are residents of Narasaraopet town. The deceased was also resident of same town. PW.1 is none other than the elder brother of the accused. The deceased is the wife of PW.1, who is carrying on jewellery business under the name and style of Siva Sai Jewelers, situated at Sivunibomma center, Narasaraopet. PW.1 along with the deceased was staying in Flat No.302, Vidya towers, Arundalpet, Narasaraopet and they were blessed with two sons, who are prosecuting their studies at Vijayawada.

(ii) PW.2 is none other than the brother of the deceased. The accused having addicted to bad vices, indulged in gambling and he was involved in a case in Cr.No.196 of 2011 under Section 3 and 4 of A.P. Gaming Act, Narasaraopet, I Town Police Station.

(iii) In the month of May 2011, the accused married- LW.7/Divya. Even after his marriage, the accused did not change his attitude and he decided to take the financial assistance of his brother PW.1, as he was well settled in business.

(iv) While so, on 07.01.2012 at about 9.00a.m., in the absence of PW.1, the accused went to the flat of his brother- PW.1 on his motor bike, bearing No.AP 7 BC 3560. He demanded the deceased to arrange an amount of Rs.1,00,000/- as a loan for the purpose of business, for which the deceased refused. In that connection there was an argument between the accused and the deceased. It is said that the deceased went inside the kitchen and brought a knife, there after there was a scuffle between both of them. The accused forcibly pulled the knife from the hands of the deceased and stabbed her indiscriminately, who died instantaneously.

(v) In the same process, accused also received an injury on his left hand. After killing the deceased, the accused took away the entire gold jewellery and cash worth Rs.10,00,000/- from the almarah and other places. He washed blood stained cloths and changed his dress by wearing a lungi and T- shirt belonging to PW.1.

(vi) The accused kept some gold jewellery in his house, and took away gold jewellery marked as M.Os.11 to 13