THE HONOURABLE SRI JUSTICE K.SURENDER AND THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL APPEAL No.2018 OF 2018 JUDGMENT: (per Hon’ble Sri Justice K.Surender

1. The Criminal appeal is filed by the appellant-accused questioning the Judgment dated 31.05.2017 in S.C No.393 of 2012 passed by the I Additional Metropolitan Sessions Judge at Hyderabad (hereinafter referred to as the ‘learned Sessions Judge’), wherein the accused was found guilty for the offences under Sections 302, 397 and 201 of Indian Penal Code (for short “IPC”), and was sentenced to undergo imprisonment for life and to pay a fine of Rs.1,000/- for the offence punishable under Section 302 of IPC; in default of payment of fine, he shall further undergo simple imprisonment for two months. The accused was also sentenced to undergo rigorous imprisonment for three years and also to pay a fine of Rs.1,000/- for the offence punishable under Section 201 of IPC; in default of payment of fine, he shall further undergo simple imprisonment for two months. The accused was also sentenced to undergo rigorous imprisonment for three years and also to pay a fine of Rs.1,000/- for the offence punishable under Section 379 of IPC; in default of payment of fine, he shall further undergo simple imprisonment for two months. The accused was also sentenced to undergo rigorous imprisonment for three months and also to pay a fine of Rs.1,000/- for the offence punishable under Section 411 of IPC; in default of payment of fine, he shall further undergo simple imprisonment for two months.

2. Heard Sri C.Sharan Reddy, learned counsel appearing for the appellant and Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor, representing Sri Arun Kumar Dodla, learned Additional Public Prosecutor for the respondent-State and perused the record.

3. PW.1 is the de-facto complainant and father of Mohd Waseem (deceased). He lodged a complaint under Ex.P1 with the police on 23.01.2011. In the complaint, he stated that the deceased went to Toopran village on 21.01.2011 at 06.00 p.m to purchase a two-wheeler motorcycle along with the appellant. The two-wheeler bore registration No.AP 13 P 9520. The deceased did not return home. PW.1 tried to contact the deceased on his mobile phone, but he could not reach him. He again contacted the appellant on his mobile phone and the appellant stated that he was in Hyderabad.

Accordingly, PW.1 requested the police to take action.

4. The complaint was received by PW.20, who registered the F.I.R and handed over the investigation to PW.16. PW.16 took up the investigation and recorded the statements of PWs.1, 2 and 3, who are the father, mother, and brother of the deceased, respectively.

5. The body of the deceased was exhumed from the premises of the appellant-accused on 26.01.2011 after obtaining permission from MRO, Toopran. The appellant was arrested on 13.02.2011. Pursuant to the appellant’s confession, MO.1, which is the motorcycle of the deceased, was seized along with cash of Rs.8,700/-.

6. The charge sheet was filed against the appellant on the ground that he had committed the murder of the deceased and committed theft of motorcycle as well as cash which were in the possession of the deceased.

7. The learned Sessions Judge examined the witnesses PWs.1 to 20, marked Exs.P1 to P20 and also marked MOs.1 to 6.

8. The learned Sessions Judge mainly relied on the following to convict the appellant:

1. The evidence of PW.3, who stated that the deceased and the appellant were moving together on the intervening night of 21/22.01.2011.

2. The evidence of PWs.1 to 3 goes to show that both the appellant and the deceased met together at Jubilee Bus Station and went to Toopran; they moved together and had dinner at a Dhaba.

3. Both the deceased and appellant contacted each other on the cell phone and also contacted PW.1 on his cell phone.

4. The evidence of last seen was in favour of the prosecution.

5. The dead body of the deceased was found in the house of the accused at Toopran.

6.