Adimulam Nanaji Vs The State of Andhra Pradesh

Appeal under Section 374(2) of Cr.P.C, against the judgment and sentence dated 27-6-2017 passed in S.C.No.30 of 2016, on the tile of The Speaal Judge for Trial of Cases under S.Cs & S.Ts (POA) Act-Cum-IV Additional District and Sessions Judge, Vizianagaram Vizianagaram District.

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Between:

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Adimulam Nanaji, S/o.Nagaraju , Caste; Vysya, R/o.Gavara Street S.Kota. 2. Adimulam Durga Devi, W/o.Nanaji ’ Vysya, R/o.Gavara Street, S.Kota Village.

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AND

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...Appellants/Accused

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The State of Andhra Pradesh, ~ Through Inspector of Police, II Town P S., Vizianagaram, Represent by Public Prosecutor, High Court of Telangana & Andhra Pradesh, Amaravathi.

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■..Respondent/Complainant

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Counsel for the Appellant : Sri PSP Suresh Kumar Counsel for the Respondent : Additional Public Prosecutor The Court made the following:

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APHC010929742017

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3534]

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MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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. PRESENT

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THE HONOURABLE SRI JUSTICE K SURESH REDDY THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO

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CRIMINAL APPEAL NO: 1607/2017

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Between:

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Adimulam Nanaji and Others

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...APPELLANT(S)

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AND

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The State Of Andhra Pradesh

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...RESPONDENT

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Counsel for the Appellant(S):

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1.00 2.3.PS P SURESH KUMAR

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4.S R SANKU AND KAVITI MURALI KRISHNA

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Counsel for the Respondent:

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PUBLIC PROSECUTOR (AP)

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The Court made the following:

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JUDGMENT: (oerHon'ble Sri Justice K.Suresh Reddy) Aggrieved by the conviction and sentence recorded by judgment dated 27-06-2017 in Sessions Case No. 30 of 2016 on the file of the Court of learned Special Judge for Trial of Cases under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)^Act- cum - IV Additional District and Sessions Judge, Vizianagaram (for short, 'the trial Court'), accused Nos. 1 and 2 therein filed the present criminal appeal before this Court.

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The appellants-accused Nos. 1 and 2 were tried by the^trialCourt under the following charges:

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I charge was under Section 302 IPC against both the accused;

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II charge was under Section 380 IPC against both the accused;

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ill charge was under Section 461 IPC against both the accused;

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IV charge was under Section 392 IPC against both the accused; and

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V charge was under Section 404 read with Section 34 IPC against both the accused.

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Substance of the charges is that on 30-07-2014 at about 6.30

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p.m both the accused caused the death of one Kurmadasu Lalitha Devi

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(hereinafter referred to as 'the deceased') in House^{No.466situatedat} Rajivnagar Colony, Vizianagaram, and committed theft of gold jewellery weighing 5 Tulas, silver articles weighing 25 Tulas and cash of Rs.5,000/- from the house of P.W.1 by breaking open almirah, thereby

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‘ committed offences punishable under Sections 302,^{380,461,392and} 404 read with Sfection 34 I PC.

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After completion of trial, the trial Court convicted the appellantsaccused Nos. 1 and 2 and sentenced them to suffer rigorous imprisonment for life and also to pay a fine of Rs.5,000/-^{each,indefault} to suffer rigorous imprisonment for a period of three^months, for the offence under Section 302 I PC and to suffer rigorous imprisonment for seven years and also to pay a fine of Rs.5,000/- each, in default to suffer rigorous imprisonment for a period of three months, for the offence under Section 380 IPC. The trial Court acquitted the appellantsaccused Nos. 1 and 2 of the charges under Sections^{392,461and404} read with Section 34 IPC.

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Case of the prosecution in brief is thus:

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All the material prosecution witnesses are residents of Vizianagaram Town. P.Ws.1 and 2 are none other than parents^ofthe deceased. Accused No. 2 is elder daughter of P.Ws.1^and2andelder sister of the deceased. Accused No. 1 is husband of accused No. 2.

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The marriage of accused No. 2 was performed by P.Ws.1 and 2 in the year 2010. After marriage, accused Nos. 1 and 2 started living i n S.Kota Village. At the time of incident, P.Ws.1 and 2 along with the deceased were living at Vizianagaram. P.W.1 was eking out his livelihood by doing wastepaper business. P.W.2 was working as a cook in the houses of Vaishnava people. The deceased studied up to X Class and P.Ws.l and 2 were in search of marriage alliances for the deceased. Both the accused used to visit the house of P.Ws.1 and 2 frequently after the death of their son in the year 2013. Accused No. 2 used to pressurize P.W.1 for half share in the properties and P.W.1 expressed his intention for division after marriage of the deceased but accused No. 2 did not satisfy. On 30-07-2014, P.Ws.l and 2 went out for attending their duties. The deceased and both the accused were present in the house. At about 4 p.m., both the accused attacked the deceased while the latter was sleeping on cot and caused her death. Then, both the accused took entire gold and silver articles by breaking open the almirah and also snatched the ear studs from body of the deceased and fled away. At about 6.30 p.m. on the same day when P.W.1 returned home, he found the deceased lying dead on the cot. Shortly, P.W.2 also came from duty and found the dead body in a pool of blood. P.Ws.l and 2 found the almirah broke open and also found gold and silver articles and cash of Rs.5,000/- missing. On the same

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day at about 9.30 p.m., P.W.1 went to police station^{andgaveareport} to police.

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P.W.18-the then Sub Inspector of Police, II Town Police^Station, Vizianagaram, received Ex.PI-Report from P.W.1 and^{registeredacase} in crime No. 187 of 2014 under Sections 302 and 380^{readwithSection} 34 IPC. He issued copies of FIR to all the concerned. Ex.P44 is FIR.

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Having received information from P.W.18, the then in-charge Inspector of Police-P.W.15 went to the scene of offence^andfoundthe dead body. He prepared an observation report-Ex.P35^{inthepresence} of P.W.9 and another. He held inquest over the dead body in the presence of P.W.9 and another. Ex.P36 is inquest report. He also * prepared a rough sketch-Ex.P34 at the scene of offence. He seized M.Os.15 to 27 .at the scene of offence in the presence^ofP.W.9and another under a cover of panchanama. He recorded statements of P.Ws.1 to 4 and 8. He got the scene photographed through^P.W.14. Photographs and corresponding C.D. were marked as Exs.P31 to P33. He sent the dead body for conducting post mortem examination.

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P.W.13-Deputy Civil Surgeon, District Headquarters Hospital, Vizianagaram, conducted autopsy over the dead body^{ofthedeceased.} He opined the cause of death was due to shock due to^{multipleinjuries}

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and incoercible haemorrhage. He accordingly issued post mortem certificate-Ex.P27.

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P.W.15 sent the material objects to Andhra Pradesh Forensic Science Laboratories, Hyderabad, for analysis. Exs.P28 and P29 are F.S.L. Reports. On 12-08-2014, he apprehended the accused near Sontyam Village. On the confession made by acciised No. 2, he ' recovered three pairs of silver anklets, one silver glass, one silver plate and one small silver bowl. On the confession made by accused No. 1, he seized gold articles under Ex.P37-panchanama in the presence of P.W.9 and another. Thereafter, he arrested both the accused and remanded them to judicial custody, On 14-08-2014, he recorded statements of P.Ws.6 and 7. On 30-08-2014, he appointed^P.W.9and another to conduct test identification of property,ⁱⁿ which P.W.1 said to have identified the articles. Test identification proceedings^weremarked as EX.P40.

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Subsequently, P.W.16-the then Inspector of Police, II Town Police Station, Vizianagaram, took over investigation of the case, After verifying the investigation done by P.W.15, he filed charge sheet.

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In support of its case, the prosecution examined P.Ws.1 to 18 and got marked Exs.P1 to P45 apart from exhibiting M.Os.1^to29.

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When the accused were examined under Section 313 Cr.P.C., they denied the incriminating material appearing^against

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I them and reported no oral or documentary evidence on their behalf.

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Relying on the evidence of P.W.13, who conducted post mortem examination, and P.W.15, investigating officer, the trial Court convicted the appellants-accused Nos. 1 and 2^as aforestated.

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Heard Sri P.S.P.Suresh Kumar, learned counsel appearing for the appellants-accused Nos. 1 and 2, and learned^Additional Public Prosecutor appearing for the respondent-State.

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We have carefully scrutinized the entire evidence on^record. P.Ws.1 and 2, who are none other than parents of the^deceased, did not support the case of prosecution and they were^declared hostile. The other material witnesses examined by the prosecution i.e. P.Ws.3 to 8 also did not support the case of prosecution. P.W.9, mediator for arrest and recovery apart from^inquestand observation report, also did not support the case of^prosecution and he was also declared hostile. P.Ws.10 to 12, who were

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examined to establish recovery of gold and silver articles from the accused, also did not support the case of prosecution. As such, there is absolutely no evidence on record to show that both the accused caused the death of the deceased apart from recovery of M.Os.1 to 12. Except the evidence of P.W.13 and P.W.15,^thereis no other evidence available on record. Further, P.W.1 went to the extent of disowning Ex.PI-Report also. Merely oh the^basisof conduct of the appellants-accused Nos. 1 and 2 in absconding from the date of offence till the date of arrest, the trial Court convicted them. As already stated, there is absolutely^noiotaof material to connect the appellants-accused Nos. 1 and 2 with the alleged offences. As such, the judgment under appeal is not sustainable and the same liable to be interfered with. 11. In the result, the criminal appeal is allowed setting^asidethe conviction and sentence recorded against the appellants-accused Nos. 1 and 2 by judgment dated 27-06-2017 in Sessions Case No. 30 of 2016 on the file of the Court of learned Special Judge for Trial of Cases under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act - cum - IV Additional District and Sessions Judge, Vizianagaram. The appellants-accused^Nos.

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1 and 2 are acquitted of all the charges. The appellants-accused Nos. 1 and 2 shall be set at liberty forthwith if they are not required in any other case or crime. Fine amount paid, if any, by the appellants-accused Nos. 1 and 2 shall be refunded to them.

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Pending miscellaneous applications, if any, shall stand disposed of

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in consequence.

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Sd/- S.V.S.R.MURTHY JOINT REGISTRAR

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//TRUE COPY//

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SECTION OFFICER

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To 1. The Special Judge for Trial of Cases under S.Cs & S.Ts (POA) ActCum-IV Additional District and Sessions Judge, Vizianagaram, Vizianagaram District. (With Record)

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