THE HONOURABLE SRI JUSTICE K.SURENDER AND THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL APPEAL No.890 of 2018 JUDGMENT: (Per Hon’ble Sri Justice K.Surender)

This Criminal Appeal is filed by the appellant/de facto complainant, aggrieved by the acquittal of accused Nos.1 and 2, vide Judgment dated 05.01.2018 in S.C.No.773 of 2016, on the file of the XV Additional Sessions Judge, Ranga Reddy District, Kukatpally, Miyapur, for the offences punishable under Sections 302, 201, and 120-B of IPC.

2. Heard learned counsel for the appellant/de facto complainant and Sri Arun Kumar Dodla, learned Additional Public Prosecutor for respondent No.1 – State. Perused the record.

3. The case of the prosecution is that accused No.1 was married to Shaik Musthaq Hussain (hereinafter referred to as ‘the deceased’). Prior to her marriage with the deceased, accused No.1 married one Srinivas Reddy on 26.06.1999, and thereafter due to several differences, they were living separately. While accused No.1 was working as a nurse in the hospital, she got acquainted with the deceased and both of them eloped and got married as per the Hindu Rites and Customs at Tirumala Tirupathi Devasthanam, Tirupati. After their marriage, the deceased used to call accused No.1 as Padmavathi, and two girls were born out of the wedlock. Thereafter, the deceased started suspecting the character of accused No.1. Accused No.1 then came into contact with accused No.2, who was working as a driver in one of the vehicles owned by the deceased, and they started having physical intimacy, which was objected to by the deceased. Though the deceased admonished both accused Nos.1 and 2, however, they continued their illicit intimacy. According to the prosecution, on 02.07.2014, the deceased picked up a quarrel with accused No.2 on a money issue and further threatened that he could not move with accused No.1, and on 04.07.2014, both accused Nos.1 and 2 assaulted the deceased on his head and also kicked on his testicles, which resulted in death of the deceased. Thereafter, the family members of the deceased were informed about the death, and the body of the deceased was buried as per the Muslim rites. Both accused Nos.1 and 2 started living as husband and wife.

4. The family members of the deceased suspected the death of the deceased to be homicidal and lodged a complaint/Ex.P1 on 24.09.2014, i.e., nearly 2 ½ months after the death of the deceased. On 11.10.2014, the body of the deceased was exhumed and post-mortem examination was conducted by PW.7.

5. According to PW.7, he found the following injuries on the dead body of the deceased:

“1. Antemortem Contusion of 5cms x 3cms.

Present on left side lower anterior surface of scortem. On cutsection reddish blue discoloration present and washing under water it is not passed off. Contusion of 4 x 3 cms present at the root of penis reddish blue color on cut section. On washing with water it is not passed off. Testes decomposed.

2. Ante mortem diffused hemorrhages present on all over the brain. It is sub-dural and sub-arachnoid. Brain tissue under the hemorrhages is soft grey in colour. Brain size is shrunken and reduced in size.”

6. On the basis of the evidence of the post-mortem examination, the death of the deceased was homicidal. Both accused Nos.1 and 2 were arrested and incarcerated. During the incarceration, they confessed to the crime. Thereafter, on the basis of the evidence collected, a charge sheet was filed against accused Nos.1 and 2 for the offences punishable under Sections 302, 201, and 120-B of IPC.

7. Learned Sessions Judge examined PWs.1 to 12 and marked Exs.P1 to P15. In defence, Dr. P.Ranjith was examined as DW.1. According to DW.1, the deceased was suffering from hypertension, diabetes, and ailments of the kidney, liver, and gallbladder. He died of natural causes, and the death was not homicidal.

8. The learned Sessions Judge acquitted the accused Nos.1 and 2, having found that no case is made out against them on the following ground