In a case of circumstantial evidence, a conviction for murder and destruction of evidence under Sections 302 and 201 of the IPC is sustainable even without a preserved dead body or direct witnesses, provided the prosecution proves the motive, a consistent extra-judicial confession, and an unbroken chain of incriminating events.

This Court delivered the following:

JUDGMENT: (Per Hon’ble Sri Justice K. Lakshman)

Heard Mrs. Pendyala Suhasini Reddy, learned counsel for the appellant - accused and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing on behalf of the respondent.

2. This appeal is filed challenging the judgment dated 14.02.2018 in S.C. No.269 of 2015 passed by learned Special Sessions Judge-cum-VII Additional District and Sessions Judge at Mahabubnagar (hereinafter referred to as ‘trial Court’).

3. Vide the aforesaid judgment, the trial Court convicted the appellant - accused for the offences under Sections - 302 and 201 of IPC and accordingly sentenced them to undergo life imprisonment and to pay fine of Rs.10,000 (Rupees Ten Thousand Only) and in default to pay fine amount, to undergo simple imprisonment for a period of one (01) year, for the charge under Section - 302 of IPC. He was further sentenced to undergo rigorous imprisonment for three (03) years and to pay a fine of Rs.10,000/- (Rupees Ten Thousand Only) and in default to pay fine amount, to undergo simple imprisonment for a period of six (06) months for the charge under Section - 201 of IPC.

4. The case of the prosecution is as follows:

i) The marriage of the accused was solemnized with his first wife (PW.3) - Modavath Paribai. Out of their wedlock, they were blessed with one son (Narsimha) and two daughters, Laxmi Bai and Kavitha, respectively. His first wife (PW.3) was addicted to toddy and she was residing at her Mothkulabanda Thanda.

ii) Five (05) years ago from the date of incident, the accused performed second marriage with PW.4 - Soni Bai and they were residing at Hyderabad. Out of their wedlock, she was blessed with two (02) sons and one (01) daughter. The accused brought his first wife’s offspring’s of son (Narsimha) and daughter (Laxmi Bai) to the house of his second wife. The accused left alone the deceased infant baby - Kavitha, aged 1½ years old with his first wife.

iii) Whenever the accused used to visit the house of his first wife, he used to scold her saying that his deceased infant baby could not born through him and used to pick up quarrel with her.

iv) On 01.07.2013 at about 22:00 hours, the accused came to the house of his first wife inebriation state with an intention to eliminate his infant baby and called his first wife, but she could not give any response from inside the house. Then he found with peevish mood and forcibly pushed the doors, as a result, the doors fallen inside of the house and he saw his infant baby was sleeping inside threshold and struggling under doors, while his first wife was in deep sleep in an addiction of toddy. Taking advantage of the same, the accused removed the doors from his infant baby and behaved with wild upon her and forcibly throttled her neck with his both hands and murdered. After confirming the death, he took away the corpse infant at his agriculture fields in Survey No.7 at Gandlapally Forest Area and burnt his infant baby. After cremation, he returned to the house. Thus, the accused committed the offences under Sections - 302 and 201 of IPC.

v) On receipt of report (Ex.P1) from PW.1 before whom the accused confessed about the commission of offences, LW.9, the Inspector of Police, Kodangal Police Station registered a case in Crime No.83 of 2013 on 05.07.2013 for the aforesaid offences and issued Ex.P8 - FIR.

vi) Thereafter, PW.7 took up investigation. During investigation, he