Double child murder during theft of gold ornaments; appellate court upheld trial court conviction under Sections 454, 380, 392 and 302 IPC based on last-seen evidence and confession-led recoveries; appeal dismissed.
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
FRIDAY, THE TWENTY SECOND DAY OF MARCH TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE K SURESH REDDY AND
THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI
CRIMINAL APPEAL NO: 975 OF 2016
Appeal under Section 374(2) of Cr.P.C praying that the High Court may be pleased to set aside the sentence and conviction order passed by the Court of Additional Session Judge, Hindupur in SC.No.435/ 2014, dated; 06-04-2015.
Between:
N.Narsimhappa @ Kaldi Narsimhappa, S/o Narasimhappa (gDoordukal Narsimhappa, age 35 years, Madiga, Occ: Cooli, R/o. Neelakantapuram Village, Madakasira Mandal.
....APPELLANT/ACCUSED
AND
State Inspector of Police, Madakasira Circle, represented by its Public Prosecutor, High Court of TG & A.P. Hyderabad.
...RESPODENT/COMPLAINANT
Counsel for the Appellant: SRI. V R MACHAVARAM (LEGAL AID)
Counsel for the Respondent: PUBLIC PROSECUTOR (AP)
The Court made the following JUDGMENT:
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KSR, J &BVLNC, J Crl.A.No.975 of 2016
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
FRIDAY, THE TWENTY SECOND DAY OF MARCH TWO THOUSAND AND TWENTY FOUR
SPECIAL DIVISION BENCH
PRESENT
THE HON’BLE SRI JUSTICE K.SURESH REDDY
AND
HON’BLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI
CRIMINAL APPEAL No.975 of 2016
Between:
N. Narsimhappa @ Kaldi Narsimhappa, S/o. Narasimhappa @ Doordukal Narsimhappa, Age 35 years, Caste: Madiga, Occ: Cooli, Neelakantapuram Village, Mandakasira Mandal.
( Appellant/Accused
And
The State, Inspector of Police, Madakasira Circle, Rep. by its Public Prosecutor, High Court of Telangana and Andhra Pradesh, Hyderabad.
Respondent/ Complainant
Counsel for the Appellant(s) : 1. V.R. Machavaram 2.5588/Legal Aid Counsel for the Respondent(s) : Public Prosecutor (AP)
The Court made the following:
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KSR,J&BVLNC.J CrLA.No.975 of 2016
JUDGMENT
[Per Hon’ble Sri Justice K.Suresh Reddy)
Sole Accused in Sessions Case No.432 of 2014 on thefile of the Court of Additional Sessions Judge, Hindupur, Anantapur District, is the appellant in the present Criminal Appeal. He was tried and convicted by the learned Additional Sessions Judge under five (05) charges. First charge is under Section454IPC; second charge is under Section 380 IPC; third chargeisunder Section 392 IPC; fourth charge is under Section 302IPCandthe last charge is under Section 411 IPC.
- The substance of the charge is that on 03.04.2014 between 11.00 A.M and 11.30 A.M, the accused trespassedinto the house of PWs-1 and 2 situated at Madakasira and committed theft of Gold Ornaments and during the said process, committed murder of one Manjuvani, aged about 13 yearsand Ranganath, aged about 8 years (herein after referredtoas“D-1 and D-2”) and fled away along with the gold ornamentsand thereby committed offences punishable under Sections 454, 380, 392, 302 and 411 IPC.
- After completion of trial, the learned Additional Sessions K V Judge, convicted the accifeed undisr Section 454 IPC and
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sentenced him to suffer Simple Imprisonment for a period of three (03) years and also to pay of fine of Rs. 1,000/-. The learned Sessions Judge further convicted the accusedunder Section 380 IPC and sentenced him to undergo imprisonment for a period of seven (07) years and also to pay a fine of Rs. 1,000/-. The accused was further convicted underSection 392 IPC and sentenced to Rigorous Imprisonment for a period of ten (10) years and also to pay a fine of Rs.2,000/-. He was also convicted under Section 302 IPC and sentenced to suffer Rigorous Imprisonment for “LIFE” and also to pay afine of Rs.5,000/-. All the substantive sentences were directedtorun concurrently. In default of payment of fine for all the four charges, the accused was directed to undergo Simple Imprisonment for a period of two (02) years. The learned Sessions Judge acquitted the accused under Section411IPC.
- Case of the prosecution, as per the evidence of prosecution witnesses, is as follows:
All the material prosecution witnesses are residents of Madakasira Village and the accused is resident of Neelakantapuram Village, Madakasira Mandal. The Accusedis closely related to PWs-1 and 2. PWs1 and 2 are wife and
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husband and both D-1 and D-2 are their children. PW-1 is working as a Teacher in ZPH School, Haresamudram Village, Madakasira Mandal. PW-2 is working as a school Teacher in K.N. Palli Village of Gudibanda Mandal. PWs-1 and 2 are residing with both D-1 and D-2 at Madakasira Town. On 03.04.2014, at about 7.30 A.M, PW-2 went to school to attend his duties; whereas PW-1 went to the school at about 8.00 A.M, D-1 and D-2 were left at home. PW-1 informed both the children (D-1 85 D-2) to have breakfast and lunch. As lOt^ class exams are going on, D-1 and D-2 were not having classes during morning session. D-1 is studying in 7* class, whereas D-2is studying in 2^^ class. Both of them are studying inMatha English Medium School, Madakasira. The accused used to visit the house of PWs-1 and 2 frequently, as he is related to them. After going to the school on 03.04.2014 at about 12.00 P.M, PW1 received a phone call that somebody killed both herchildren. Immediately, she rushed to home, opened the doors andfound D-1 died with chunni strangulated around her neck. She also found D-2 lying dead on the cot in the bed room strangulating his neck with towel. She found the almirah was broke opened and all the gold ornaments were missing. Immediately, she went to the Police Station and gave a report-Ex.P-1. PW-16-
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Sub-Inspector of Police, Madakasira Police Station, received Ex.P-1 from PW-1 at about 1.30 P.M. and registeredacasein Cr.No.66 of 2014 under Sections 302, 454 and 380 IPCand issued copies of FIRs to all the concerned. Ex.P-10 is the copy of FIR. Thereafter, PW-16 along with Inspector Policeandstaff went to the scene of offence. The Inspector of Police-PW-20held inquest over the dead body of D-1 in the presence of mediators, which is marked as Ex.P-3. He also held inquest overthedead body of D-2 in the presence of mediators, which ismarkedas Ex.P-4. He recorded the statements of PWs-1 to 4, 6,14and17 and seized wearing apparels of both the deceased. PW-20sent both the dead bodies for Post-Mortem examination and he prepared rough sketch-Ex.P-14. He also recorded the statements of PWs-5 to 8 and 13.
- On 23.04.2014 at about 2.30 P.M while PW-19-Inspector of Police, Madakasira was present in his office, PW-9-V.R.O. came and presented a written report-Ex.P-2 along with the accused, who made a confession before him, admittingthathe killed both the deceased. PW-19 recorded the statement of PW-9. He recorded confessional statement of the accused in the presence of PW-14 and another. The accused confessed stating V /
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that he sold the gold ornaments at Pavagada Village and Amarapuram Village. Thereafter, he arrested the accusedunder a cover of panchanama-Ex.P-13. In furtherance of the confession of the accused, he led the police party along with the mediators to Mayury Jewellery Shop at Pavagada, wherePW-19 recovered M.0.1-gold ring from the owner of the shop-PW-11. He seized the said gold ring under a cover of panchanama. He recorded the statement of PW-11. In furtherance of the confession of the accused, he led the police party along with mediators to Sri Venkateswara Jewellery shop, located at Amarapuram Town. The owner of the said jewellery shop,whois examined as PW-12, produced M.Os. 2 and 3 sold by the accused. He seized both the M.Os. 2 and 3 under a cover of panchanama-Ex. P-7 and he also recorded the statementofPW- 12. The accused led the police party to the scene ofoffenceat Madakasira, where he explained PW-19, how he killedboththe deceased.
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- In the meanwhile, PW-17-Civil Assistant Surgeon, Area Hospital, Madakasira, conducted autopsy over the dead body of D-1 on 03.04.2014. She opined the cause of death wasdueto asphyxia due to strangulation” approximately 24 to28hours prior to the Post-Mortem examination. She issued Post-Mortem certificate-Ex.P-11 pertaining to D-1. On the same day, PW-18another Civil Assistant Surgeon, Area Hospital, Madakasira, conducted autopsy over the dead body of D-2. He opinedthe cause of death was due to “asphyxia due to strangulation” approximately 24 to 28 hours prior to the Post-Mortem examination. He issued Post-Mortem certificate-Ex.P-l2 pertaining to D-2. After completion of investigation,PW-19filed charge sheet.
- In support of its case, the prosecution examined PWs-1to 20 and marked Exs.P-1 to 14 and exhibited M.Os.l to 18.
- The accused was examined under Section 313 Cr.P.C. He denied the incriminating material found against him.
- We have gone through the entire material on record.
- PWs-1 and 2 are parents of both the deceased and are working as teachers. On the fateful day, PWs-1 and2wentto
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their respective schools at about 7.30 A.M and 8.00 A.M. As the 10th class examinations are going to be commenced,both the deceased were not having classes during morningsession. PW-1 informed both the children to attend the classes in the afternoon session. After playing for some time, both the D-1 and D-2 went inside the house. PWs-3 and 4 are the immediate neighbours of PWs-1 and 2. PW-6 is residing in the opposite house of PWs-1 and 2. Though there is no direct evidencetothe actual attack, PWs-6 and 13 saw the accused enteringintothe house and after committing the offence, coming outthehouse. PW-6 in his evidence has stated that on the date of incident, he went to his medical shop at about 9.30 A.M and camebackto his house between 10.45 A.M and 11.00 A.M for taking breakfast. At that time, he saw the accused coming out of the house of the deceased by closing the doors. He did not suspect anything as the accused is related to them, who usedtovisitthe house of PWs-1 and 2 frequently. PW-5, who is alsostatedin his evidence that the accused entered into the house of PWs-1 and 2. At about 11.30 A.M, PW-5 went to the house of PWs-1 and 2 and there was no response from inside thehouse. When PW-5 informed PW-3 as there was no response from inside the house, the latter asked him to open the doors.
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Thereafter, PW-3 opened the doors and found both thedead bodies tied with chunni and towel to their necks. PW-3found that the almirah was broke opened. Another witness-PW-13, who is residing opposite to the house of PWs-1 and2,hasalso stated in his evidence that the accused entered intothehouseof PWs-1 and 2 around 11.00 A.M. After 20 minutes, hefoundthe accused coming out of the house and going in a hurriedmanner towards Amarapuram Bus Stop. He also found PW-5 knocked the door calling D-1 and D-2. As there was no response,PW-3 came to the house of PWs-l and 2, who opened the doors and found both the deceased died. Hearing the cries ofPW-3,allthe neighbours gathered, Thereafter, they informed about the incident to PW-1, who rushed to the house immediatelyand gave a report to the police promptly by 1.30 P.M. PW-9, whois working as V.R.O, in his deposition has clearly statedthatthe accused approached him on 23.04.2014 at about 1.00P.Mand confessed before him stating that he killed both thedeceased and took away all the gold ornaments. Immediately,PW-9took the accused to the Police Station and handed over him to PW-19-Inspector of Police along with his report-Ex.P-2. Later, as per the confession of the accused, M.Os.l to 4 were recovered
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from the shops of PWs-11 and 12 and PW-1 identified the gold ornaments in the Test Identification parade.
- As seen from the above material, though there is nodirect witness to the actual attack, the evidence of PWs-6, 7, 13 clearly establish that the accused went to the house of PWs-1 and 2 at the relevant point of time and came out of the houseafter 20 minutes. The evidence of PWs-17 and 18 also corroborates the ocular version of the prosecution witnesses, whichshowsthat the time<#)f'^ath was 24 to 28 hours prior to the Post-Mortem /
examination. The evidence of PWs-6, 7 and 13 also clearly established that it is the accused, who killed boththedeceased for the sake of jewellery. Thinking that both the children may reveal the name of the accused to PWs-1 and 2, he killedboth the deceased.
- On the above analyses and having carefully examinedthe case in its entirety, in the considered opinion of this Court, the prosecution has proved the guilt of the appellant/accused beyond all reasonable doubt. Therefore, the convictionand sentence recorded by the Trial Court needs no interference.
- In the result, the present Criminal Appeal is dismissed confirming the conviction and sentence passed by the
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learned Additional Sessions Judge, Hindupur, Anantapur District, in S.C.No.432 of 2014, dated 06.04.2015. Consequently, miscellaneous petitions, if any, pending
shall stand closed.
Sd/- K. TATA RAO DEPUTY REGISTRAR
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JUDGMENT:
CRLA.No.975 of 2016
CRIMINAL APPEAL IS DISMISSED
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2 issues framed by the court
Whether the accused's guilt for the double murder and theft of gold ornaments was proved beyond reasonable doubt.
Whether the conviction and sentences under Sections 454, 380, 392 and 302 IPC required interference.
7 provisions across 2 enactments
N. Narsimhappa @ Kaldi Narsimhappa
The State, Inspector of Police, Madakasira Circle
K Suresh Reddy
B V L N Chakravarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
