THE HONOURABLE SRI JUSTICE K.SURENDER AND THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL APPEAL No.310 of 2020 JUDGMENT: (Per Hon’ble Sri Justice K.Surender)

This Criminal Appeal is filed by the appellant/accused, aggrieved by the judgment dated 04.02.2020, in S.C.No.449 of 2017, on the file of the VI Additional District and Sessions Judge, Godavarikhani, whereby the appellant/accused was convicted for the offences punishable under Sections 302 and

498-A of the Indian Penal Code (for short ‘IPC’).

2. Heard learned counsel for the appellant/accused and Sri Arun Kumar Dodla, learned Additional Public Prosecutor for respondent-State. Perused the record.

3. The complaint in the present case was lodged on 19.06.2017 by PW.1, who is the mother of N.Adilaxmi (hereinafter referred to as ‘the deceased’). The deceased was partially handicapped and married to appellant herein. Prior to the marriage of the deceased and the appellant, she was divorced. The appellant was working as conductor in TSRTC- Godavarikhani Depot. The marriage was performed on 11.11.2016 with a condition that a sum of Rs.3,00,000/- has to be deposited in the name of the deceased, since it was the second marriage for both of them. On 16.06.2017, PW.1 received information that the appellant was beating the deceased. Both PWs.1 and 4 went to the house of the appellant. The deceased was seen with injuries all over her body. PW.1 then requested the appellant to take her to the hospital. The deceased was taken to Srinivas Hospital, IB Colony, Godavarikhani, for treatment. Thereafter, the deceased was taken to the house of PWs.1 and 4, and on 19.06.2017, she died. On the same day, at around 09.00 P.M., a complaint was lodged with Jammikunta Police. In the complaint, PW.1 narrated about the harassment made by the appellant and also that he had beaten the deceased, and thereafter the deceased was brought to their house.

4. Having registered the complaint, investigation was taken up by PW.14/Investigating Officer. The Police went to the hospital and conducted inquest on the dead body of the deceased. The dead body was then sent for post-mortem examination. The Doctor, who conducted the post-mortem, found the following external injuries:

Contusions over left neck and submental region which extended left shoulder and upper back.

He also found the following internal injuries:

Fracture of survical vertebra and large hameatoma in the neck which is surrounding the neck which is extending to left shoulder and upper back.

5. PW.14, on the ground of jurisdiction, sent the CD file to Godavarikhani I Town Police Station. After re-registration of the complaint/Ex.P13, Inspector of Police/PW.15 started the investigation. PW.15 examined the witnesses and thereafter arrested the appellant on 11.08.2017. PW.15 concluded the investigation and filed a charge-sheet for the offences under Sections 498-A and 302 of IPC.

6. The learned Sessions Judge, having framed the charges for the said offences, examined PWs.1 to 15 on behalf of the prosecution and marked Ex.P1 to P13. In defence, DW.1 was examined, who is a neighbor in Prashanth Nagar Colony, where the deceased and the appellant lived.

7. In the examination of DW.1, it is stated that she was acquainted with both the deceased and the appellant and the deceased never complained about any kind of harassment at the hands of the appellant. She further stated that 10 days prior to the death of the deceased, PWs.1 and 4, who are parents of the deceased, took the deceased to their house.

8. The learned Sessions Judge found favour with the version of the prosecution that the deceased received injuries at the hands of the appellant, resulting in her death subsequently. For the reason of the injuries being a direct result of the death of the deceased, conviction was recorded for murder under Section 302 of IPC.

9. Learned counsel appearing on behalf of the appellant would submit that the entire version projected by PWs.1 and 4 is a fabricated version. According