THE HON’BLE SRI JUSTICE K.SURENDER AND THE HON'BLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL APPEAL Nos.2184 OF 2018 & 2571 of 2018 COMMON JUDGMENT: (Per Hon’ble Sri Justice K.Surender)

Criminal Appeal No.2184 of 2018 is filed by the appellant/accused No.2, and Criminal Appeal No.2571 of 2018 is filed by the appellant/accused No.1. Since both the appeals are filed questioning the judgment in SC No.397 of 2012 on the file of the learned Special Judge for Trial of Offences under SCs and STs (POA) Act-cum-VI Additional Metropolitan Sessions Judge, Secunderabad, both these appeals are disposed of by this common judgment.

2. Heard Sri Mohd.Muzaffer Ullah Khan, learned legal aid counsel for the appellants and Sri Arun Kumar Dodla, learned Additional Public Prosecutor for the respondent/State.

3. The case of the prosecution is that PW3, who is the father of the deceased (Swathi), went to the police station and filed a complaint with the police at 04.15 PM. In the said complaint, PW3 narrated that his son-in-law / PW4 informed PW3 that his wife/the deceased was found murdered by someone and there was a deep cut injury to her throat. PW3 and his wife/PW5 went to the flat and found that the body was lying in a supine position in the hall in a pool of blood. PW4 stated to PWs.3 and 5 that he was informed by the deceased over a phone call that a distant relative of PW4, viz.Giri, along with his friend, had gone to the house of the deceased. The almirah in the bedroom was left open and all the articles were scattered in the room.

4. On the basis of the complaint, the investigating officer/PW17 took up the investigation. PW17 went to the scene of offence, got the scene photographed, and collected the incriminating material found at the scene. According to Ex.P8/scene of offence panchanama, hairs were found near the dead body and in the left hand of the deceased, along with the blood stains. Three tea cups were also collected from the dining table.

5. The material objects were sent for the purpose of examination to the FSL. Ex.P22 is the FSL report in which the opinion was given that the hairs found at the scene and in the left hand of the deceased were of human origin.

6. After completing the inquest panchanama, the body was sent for postmortem examination. According to the postmortem examination, the death was on account of throat injury.

7. On 11.07.2011, another complaint was filed by PW3 giving details of the property lost.

8. On 18.07.2011, while the police were conducting vehicle checking at Mettuguda X Roads, they stopped a motorcycle driven by the accused No.1 along with the accused No.2 as a pillion rider. The accused/appellants were searched and the police found gold ornaments in their possession. Then both the appellants were taken to the police station and their confession was recorded. In pursuance of their confession, the appellants took the police to various places from where the gold ornaments, including a knife, were seized. Appellant No.1 led the police to Munnapuram Finance, Patancheru, where the gold jewellery was pledged. PW7, who was the Manager of Mutooth Finance, speaks about appellant No.1 pledging the gold ornaments on 08.07.2011 and obtaining Rs.1,25,000/-. Ex.P6 is the loan application and Ex.P7 is the pledge form. The appellants then took the police to Secunderabad Railway Station where they seized the parking slip and the motorcycle. Thereafter, they went to Laxmi Apartments where the police prepared Ex.P17/seizure panchanama.

9. The visitors’ register/Ex.P26 was sent to the handwriting expert for comparing the writings therein with the specimen/admitted handwritings of the appellants. The knife that was seized and the blood stains available at the scene were also sent for examination to the FSL.

10. Having concluded the investigation, a charge sheet was filed against the appellants for the offences punishable under Sections 302 and 380 of IPC.

11. The learned Sessions Judge, having examined PWs.1 to 19, Exs.P1 to P26, and Ex