THE HON’BLE SRI JUSTICE P.SAM KOSHY AND THE HON’BLE SRI JUSTICE N.TUKARAMJI CRIMINAL APPEAL No.718 of 2019

JUDGMENT

(per the Hon’ble Sri Justice P.Sam Koshy)

Challenging the judgment of conviction dated 31.07.2019 in Sessions Case No.505 of 2014 passed by the IX Additional District & Sessions Judge at Sircilla; the present appeal has been preferred by the appellant – accused under Section 374(2) of Cr.P.C.

2. Heard Mrs. G.Jaya Reddy, learned counsel for the appellant and Mrs. Shalini Saxena, learned Additional Public Prosecutor appearing for the respondent-State.

3. Vide the impugned judgment, the Trial Court found the appellant herein guilty for the offence punishable under Section 302 of IPC and sentenced him to undergo imprisonment for life with fine of Rs.10,000/-, and in default of payment of fine, to undergo imprisonment of two years. Similarly, the appellant was also found guilty for the offence punishable under Section 201 of IPC and was sentenced to undergo imprisonment for seven years and to pay fine of Rs.10,000/-, and in default of payment of fine, to undergo imprisonment for one year. The appellant was also convicted for the offence punishable under Section

379 of IPC and was sentenced to undergo imprisonment for three years. All the above sentences were directed to run concurrently.

4. The case of the prosecution in brief is that on 20.10.2013 at 13:00 hours, the PW.1/complainant, a Senior Assistant at Laxmi Narasimha Swamy Temple, lodged a complaint at Vemulawada Police Stationstating that at 11:00 hours somebody informed him about a female dead body lying at Bogum Dani Meda on Nampalli hillock. Immediately PW.1 reached the scene of offence and discovered that a female dead body aged between 20-25 years was lying face down with bleeding injuries on the back side of her right ear and head.

5. Upon receiving the complaint, the police authorities registered a case in Crime No.297 of 2013 for the offence punishable under Section 302 of IPC and also made a requisition to Superintendent of Police, Karimnagar, with a request to send clues team and dog squad for further investigation. The investigation agency reached the scene of offence and collected chance print from the empty beer bottle, seized R.T.C. bus ticket, blood stained stone, footwear of the deceased, a bag containing three pairs of sarees in it and a purse. Further, the dead body was sent to Government Hospital, Sircilla. Thereafter, the police authorities sent look out notice to the all the concerned police stations and also published the same in all daily newspapers about the death of the deceased.

Based on the bus ticket, PW.18 informed Janagama Police Station and later the SHO of Janagama Police Station informed PW.18 about the deceased and particulars of deceased relatives and sent relatives to Vemulawada Police Station on 21.10.2013. The relatives identified the dead body of the deceased as Gudikandula Rama Devi.

6. After recording the statement of all the relatives, the police authorities further intensified the investigation and apprehended the appellant on 25.10.2013 at old bus stand, Sircilla. During the interrogation, the appellant made a confessional statement stating that the appellant and the deceased were working in the PW.7’s shop who is the brother-in-law of the appellant. During their employment the deceased and the appellant developed an illicit relationship. Later, the deceased pressured the appellant to marry her, to which the appellant refused due to his existing marriage. Two days prior to the incident the deceased obtained permission from PW.7 under the pretext of visiting her paternal home to bring back her children. On 19.10.2013, at 5:00 hours, the deceased went to Bachannapeta Village to assist the house owner of the deceased in cooking, who does catering business. Later that evening, while supposedly heading to Rekurthi Village (as informed to her brother PW.3), the deceased met the appellant at Hanmakonda bus stand and together they pr