THE HONOURABLE SRI JUSTICE K.SURENDER

AND

THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL

CRIMINAL APPEAL No.1377 OF 2018

JUDGMENT: (per Hon’ble Sri Justice K.Surender)

1. This appeal is filed aggrieved by the judgment dated 16.03.2018 in S.C.No.5 of 2012, passed by the II Additional Metropolitan Sessions Judge, Hyderabad, convicting the appellant/accused for the offence under Section 302 of IPC and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs.1,000/-; in default of payment of fine, to further undergo simple imprisonment for a period of three

(03) months for committing the murder of the sister of P.W.1.

2. Heard Sri P. Prabhakar Reddy, learned counsel for the appellant and learned Additional Public Prosecutor for

respondent.

3. The prosecution’s case is that on 24.03.2011, the appellant/accused married one Ramadevi (hereinafter referred to as deceased). After the marriage, their stay was temporarily arranged in the Asmangadh area. The first night for the newly wedded couple was arranged on 25.03.2011 in Flat No.207, Hill Top Apartments, Asmangadh, Malakpet, Hyderabad. On 26.03.2011, the appellant/accused collected the gold ornaments from the deceased and left for his house

situated at Alwal, and informed that the ornaments had been kept in the bank locker. The appellant/accused again came back on 26.03.2011, which was the second night of the marriage. Both the appellant and the deceased were sleeping in their house. Since the bolt of the main door of their house was not properly functioning, as such, it was locked from the outside by P.W.2. In the early morning of 27.03.2011, the appellant/accused called P.W.2 from the phone of the deceased and requested her to open the main door. After opening the door, the appellant/accused left the flat. When P.W.2 entered the bedroom, she found the deceased in an unconscious condition, and they informed to everyone. With the help of their neighbors, they shifted the deceased to Osmania General Hospital, where the doctors declared her as brought dead.

4. P.W.1, who was the brother of the deceased, lodged a written complaint in English narrating the incident. The said complaint was filed on 27.03.2011 at 11.00A.M. The complaint was then registered for the offence under Section 302 of IPC. Investigation was taken up by P.W.11, who went to the hospital where the inquest was conducted. Thereafter, the body was sent for autopsy. P.W.9 conducted the autopsy and found the following injuries:

“1. A contusion of 1 x 0.5 cm on the gum on the right side of lower jaw on the outer as per between right central and lateral incisors.

2. A contusion of 0.5 x 0.5 cm on the upper margin of gum above the right central incisor of upper jaw.

3. An abrasion of 0.5 x 0.5 cm over the right upper lip in the midline.

4. Imprint abrasion of the teeth of 4 x 0.5 cm placed transvorsoly along the mucosal i.e., inner surface of the lower lip from left angle to right angle of the mouth.

5. A contused abrasion of 0.2 parallet lines each of 3 x 0.25 cm with a gap of 0.5 cm of the lower

1/3 of right arm on the lateral aspect.

6. A contusion of 4 x 3 cm on the middle 1/3rd of left arm medially.”

5. According to P.W.9, the death occurred on account of smothering. The police also recovered the pillow with which the appellant caused the death of the deceased.

6. The appellant/accused was arrested and after interrogation, he was produced before the concerned Magistrate. Having received the FSL Report and after collecting the evidence, the Investigating Officer/P.W.11 filed a charge sheet.

7. The learned Sessions Judge, on the basis of the circumstantial evidence, found that the appellant/accused was in the house, which was locked from the outside, and immediately after the appellant left, the deceased was found dead. In the said circumstances, it was for the appellant to explain the death of the deceased. Since the death was homicidal, and it was the appellant who was present in the house when the incident took place, t