HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD *****

Criminal Appeal No.464 OF 2017 Between:

Amer Mohammed Jamal … Appellant And The State of Telangana, Rep. by Public Prosecutor … Respondent Criminal Appeal No.381 OF 2017 Between:

Sudhamsh Netha @ Sunny … Appellant And The State of Telangana, Rep. by Public Prosecutor … Respondent DATE OF JUDGMENT PRONOUNCED: 18.02.2025 Submitted for approval.

THE HON’BLE SRI JUSTICE K.SURENDER AND HON’BLE SRI JUSTICE ANIL KUMAR JUKANTI 1 Whether Reporters of Local newspapers may be allowed to see the Judgments? Yes/No

2 Whether the copies of judgment may be marked to Law Reporters/Journals Yes/No

3 Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment? Yes/No

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K.SURENDER, J

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ANIL KUMAR JUKANTI, J

* THE HON’BLE SRI JUSTICE K. SURENDER and HON’BLE SRI JUSTICE ANIL KUMAR JUKANTI + Crl.A. No. 464 OF 2017 % Dated 18.02.2025 # Amer Mohammed Jamal … Appellant And $ The State of Telangana, Rep. by Public Prosecutor … Respondent + Crl.A. No. 381 OF 2017 % Dated 18.02.2025 # Sudhamsh Netha @ Sunny … Appellant And $ The State of Telangana, Rep. by Public Prosecutor … Respondent ! Counsel for the Appellants: Smt.Y.Rathna Prabha ^ Counsel for the Respondent: Sri Arun Kumar Dodla, Learned Additional Public Prosecutor >HEAD NOTE:

? Cases referred

1(1984) 4 SCC 116

2 2025 LawSuit (SC) 117

HON’BLE SRI JUSTICE K.SURENDER and HON’BLE SRI JUSTICE ANIL KUMAR JUKANTI CRIMINAL APPEAL Nos.381 and 464 OF 2017

COMMON JUDGMENT:

1. Criminal Appeal No.464 of 2017 was filed by A1 and Criminal Appeal No.381 of 2017 was filed by A2.

2. A1 and A2 were convicted for the offences under Sections 302, 380, 201 r/w 120-B of IPC vide judgment in S.C.No.14 of 2015 dated 14.02.2017 passed by the II Additional Metropolitan Sessions Judge, Hyderabad.

3. Since both the appeals are questioning the conviction of the appellants/A1 and A2, the appeals are heard together and disposed off by way of this Common Judgment.

4. Briefly, the case of the prosecution is that, on 21.06.2013, at 3:00 P.M, PW1/complainant lodged a complaint stating that his sister, Shagufta Shereen (deceased), along with her husband, Amer Mohammed (A1), and their minor daughter, have been are residing at H. No. 6-3-566/23/C, 3rd floor, Anjali Apartments, Venkataramana Colony, Anandnagar Colony, Khairtabad, for the past eight months. Around 10:30 AM, his brother-in-law (A1) left for his office, and approximately at 1:55 PM, P.W.1 received a phone call from A1, informing that PW1’s sister had been stabbed to death and asked PW.1 to come immediately. Upon receiving the information, PW1 rushed to the house and found that his brother- in-law/A1 was present. He saw his deceased sister lying dead on the bed with stab injuries on her throat. He also noticed that empty jewellery boxes and other items were scattered across the room.

5. P.W.1 further stated that some unknown persons had likely stabbed the deceased with knives and fled after stealing a gold necklace set (bracelet and earrings) weighing about 2 tolas, a gold chain weighing about 1 tola, and cash amounting to ₹2,70,000/-.

6. Upon receiving the complaint from PW1, PW21, Detective Inspector of Police, Panjagutta PS, registered a case in Cr. No. 442/2013 under Sections 302 and 380 of the IPC and commenced the investigation.

7. During the course of investigation, PW21, along with the staff, visited the crime scene and, in the presence of mediators P.Ws. 11 and 12, had the scene photographed with the assistance of P.W.14. P.W.21 seized a blood-stained bed sheet and pillow cover. After conducting an inquest in the presence of PW13 and LW16, the deceased's body was sent to the mortuary at Gandhi Hospital, Secunderabad, where it was preserved. On 22.06.2013, P.W.18 conducted an autopsy on the deceased’s body in the presence of PW13, LWs 16 and 17. At the mortuary, PW21 collected the deceased's blood-stained clothes. PW15 photographed the deceased’s body during the aut