HKSRJ, J & HTCDS, J CRLA_724_2017 1 APHC010497232017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3517] THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CRIMINAL APPEAL No.724/2017 Between: Konduri Thirupathaiah, Prakasam Dt., ...APELLANT AND The State Of Ap Rep Pp ...RESPODENT Counsel for the Apellant: 1. ANCHA PANDURANGA RAO 2. LEGAL AID Counsel for the Respodent: 1. PUBLIC PROSECUTOR (AP) HKSRJ, J & HTCDS, J CRLA_724_2017 2 The Court made the following: JUDGMENT:- (per Hon’ble Sri Justice T.C.D. Sekhar) 1. Sole accused in SC No.151 of 2016, on the file of XIII Additional Sessions Judge, Narsaraopet, Guntur District is the appellant. He was tried by the learned Additional Sessions Judge under Sections 309, 307 and 302 of Indian Penal Code. 2. Substance of the charges is that on 18.04.2015 at about 02:45 pm, the accused at his house at Lingamguntla Village in the Chilakaluripet Mandal attempted to kill his son Kundari Pavan (PW-2) with a knife, but he escaped, and he committed murder of his daughter by name Maheswari (hereinafter referred to as the deceased) aged about nine (9) years with the same knife by cutting her throat treating that she was not born to him and tried to commit suicide thereby committed offences punishable under Sections 302, 307 and 309 of IPC. 3. After completion of trial the learned Additional Sessions Judge convicted the accused/appellant under Section 302 of IPC and sentenced him to undergo HKSRJ, J & HTCDS, J CRLA_724_2017 3 imprisonment for life and to pay a fine of Rs.500/- in default, to suffer simple imprisonment for three (03) months. Further, the accused/appellant was also convicted under Section 307 of IPC and was sentenced to undergo rigorous imprisonment for five (05) years and to pay a fine of Rs.300/- in default to suffer simple imprisonment for three (03) months. The accused/appellant is further sentenced to undergo rigorous imprisonment for one (01) year and to pay a fine of Rs.200/- in default to suffer simple imprisonment for two (02) months for the offence under Section 309 of Indian Penal Code. All the substantial sentences shall run concurrently. 4. Brief facts of the case of the prosecution is as follows: 5. The accused/appellant Kunduri Tirupathaiah and his family members including his wife Smt. K.Anantha Lakshmi (PW-1), son K.Pavan (PW-2) and his daughter Maheswari the deceased were staying in Shivalayam, Choultry, Lingamguntla Village of Chilakaluripet Mandal. The deceased was affected with polio and she was unable to walk. The accused/appellant and his wife (PW-1) and HKSRJ, J & HTCDS, J CRLA_724_2017 4 their elder son K.Eswar (LW-8) were living by stitching semi beds (Bonthulu in Telugu word). The accused/appellant was addicted to consume liquor and he was suspecting his wife (PW-1) that she has got illegal affairs with others and thereby suspecting that the children were not born to him. 6. It is the case of the prosecution that one month prior to 18.04.2015, the accused tried to stab his wife (PW-1) with a knife suspecting her fidelity, but she could escape with a small bleeding injury on her neck. It is further case of the prosecution that on 17.04.2015, the accused/appellant went to Madala Tirunalla and returned to home in the early hours on 18.04.2015 in a drunken stage. He woke up around 07:00 am on 18.04.2015 and demanded money from PW-1 to consume alcohol and threatened her, if she does not give money, he will cut her neck and in fact he tried to hack her, somehow she escaped from the accused/appellant and was taking shelter in a Hotel belonging to one Smt.Adambi (PW-4). On the same day the accused sent his younger son Pavan (PW-2) to call PW-1. At about 02:45 pm, PW-2 returned home and informed the accused that he did not find PW-1. Then the HKSRJ, J & HTCDS, J CRLA_724_2017 5 accused became wild and angry and tried to cut the throat of his son PW-2 with a knife, but PW-2 could escape unhurt. However, on suspicion his daughter (deceased) was not born to him, he killed her by cutting her throat with knife. On seeing the same PW-2 raised cries, upon which the neighbors came to the house of the accused/appellant. On seeing neighbors the accused/appellant got fear that they may beat him, and he cut his throat with the same knife and tried to commit suicide. Immediately (PW-3) Meeravali and (PW-9) N.Ramu pulled the knife from the hands of the accused/appellant and pushed him away. 7. It is the further case of the prosecution that around 03:15 pm PW-2 rushed to the Hotel of PW-4 and informed about the incident to his mother (PW-1), who was taking shelter there. Thereafter PW-1 and PW-4 came to the scene of offence and found the dead body of the deceased in a pool of blood. Subsequently, the accused was shifted to CHC, Chilakaluripet in Ambulance for treatment and from there he was shifted to Government General Hospital, Guntur for better treatment. HKSRJ, J & HTCDS, J CRLA_724_2017 6 8. It is further case of the prosecution that PW-1 gave a report on 18.04.2015 at about 04:00 pm to PW-12, the Head Constable, Chilakaluripet Rural Police Station, stating that the accused killed her daughter by cutting her throat and made an attempt to commit suicide by cutting his throat. The said statement of PW-1 was marked as Ex.P16 and thereafter PW-11 Sub Inspector of Police registered the same as a case in Crime No.41 of 2015 under Sections 302, 307 and 309 of Indian Penal Code and issued copies of FIRs to all the concerned. Ex.P-15 is the First Information Report. Thereafter PW-15 received the FIR and took up the investigation and visited the scene of offence in the presence of mediators PW-5 and another. He prepared an observation report in Ex.P.5 at the scene of offence. He seized Mos.1 to 5 at the scene of offence. He prepared a rough sketch under Ex.P18. The scene of offence including the dead body was photographed marked as Ex.P8. As he came to know that the accused was admitted in Government Hospital, Chilakaluripet, he visited the hospital HKSRJ, J & HTCDS, J CRLA_724_2017 7 and on the advice of doctors, he shifted him to GGH, Guntur on the same day evening. 9. At around 07:00 am on 19.04.2015, PW-15 held inquest over the dead body of the deceased in the presence of inquestdars PW-5 and others. The inquest report was marked as Ex.P6. PW-15 recorded statements of PW-1, PW-2, PW-10, LW-4 Sri G.Siva Rangaiah at the inquest. He shifted the dead body to Government Hospital, Chilakaluripet for conducting post-mortem examination. Thereafter, PW-15 at around 11:00 am on 19.04.2015 seized MO.7 (blood stained shirt) of the deceased under a cover of mediator report marked as Ex.P7. 10. PW-8 Medical Officer, CHC, Chilakaluripet conducted autopsy over the dead body. He opined that the cause for death was due to Hemorrhagic shock which is due to cut injury to throat, which is caused by sharp object. Ex.P10 is the post-mortem certificate. 11. On 19.04.2015, PW-15 received the wound certificate of accused and post-mortem certificate Ex.P10. HKSRJ, J & HTCDS, J CRLA_724_2017 8 The material objects were sent to RFSL, Guntur for analysis and received RFSL report in Ex.P19. 12. On 19.04.2015 at about 06:30 pm PW-13, Medical Officer gave treatment to the accused up to 21.04.2015 for the injury received (self inflicted injury) by him and PW-13 opined that the injury is simple in nature and as per the entries in the case sheet, the said injury is self inflicted one. On 21.04.2015, the surveillance constable PW-14, produced the accused before PW-15 as he was discharged from the hospital. He arrested the accused, who was remanded to judicial custody. 13. After completion of the investigation, PW-15 laid charge sheet. In support of the case of the prosecution examined PW 1 to 15 and marked Ex.P1 to P19 and exhibited MOs.1 to 7. 14. When the accused was examined under Section 313 of Cr.PC, he denied the incriminating evidence found against him from the prosecution witnesses, but he did not choose to examine any witness in his defence. Accepting the evidence of prosecution witness, the learned HKSRJ, J & HTCDS, J CRLA_724_2017 9 Additional Sessions Judge convicted the accused as aforesaid. 15. Heard Sri Ancha Pandu Ranga Rao, learned counsel for the appellant and Sri Marri Venkata Ramana, learned Additional Public Prosecutor for the respondent- state. 16. We have carefully analyzed the entire evidence on record. 17. PWs-1 & 2 did not support the prosecution and they were declared as hostile. PW-3 and 4 are residents of Lingamguntla Village and they also turned hostile. PW-10 elder sister of the deceased also did not support the prosecution. 18. PW-5 is the Village Revenue Officer, Purushothampatnam Village of Chilakaluripet Mandal, who deposed that on 19.04.2015, the Inspector of Police, Chilakaluripet Rual Circle called him along with PW-7 to the Police Station and all of them proceeded to Choultry of Sivalayam at about 04:45 pm, where the dead body of the deceased was found and PW-15 seized MO.1 blood HKSRJ, J & HTCDS, J CRLA_724_2017 10 stained swap, MO.2 controlled swap, MO.3 blood stained stone piece, MO.4 controlled stone piece, MO.5 a knife stained with blood and MO.6 blood stained gold color shirt under cover of Ex.P5. He further deposed that after the inquest, the inquestdars opined that, the deceased died due to cut injury to throat. On 21.05.2015 at about 07:00 pm., the Inspector of Police, Chilakaluripet Rural Police Station recorded statement of the accused, where he confessed the commission of offence of killing his daughter Maheswari the deceased and he also made an attempt to commit suicide by cutting his throat. 19. PW-6, is the photographer, PW-7 is the Medical Officer, who examined the accused/appellant and found the following injury. “A lacerated injury in front of the neck, 5 x 1 cm present, with sharp edges with clotted blood on the edges.” He issued wound certificate Ex.P9. 20. In the cross examination PW-8, the Medical Officer categorically stated that the injury sustained by the deceased could not be possible if the deceased fall on the kitchen knife (katti petta-Telugu word). Therefore, it is clear HKSRJ, J & HTCDS, J CRLA_724_2017 11 that the deceased died upon receiving a cut injury caused by a sharp object. 21. PW-9, 10 are the neighbors, who also turned hostile and their evidences will not be helpful to prove the case of the prosecution. PW-11 is the Sub Inspector of Police, Piduguralla Police Station. PW-12 is the Head Constable, Chilakaluripet Rural Police Station. PW-13 Medical Officer, who deposed that he gave treatment to the accused on 18.04.2015 at about 05:30 pm for his lacerated injury of size 5 x 1 cm to his front of neck when he was admitted into ENT Department. He further opined that the injury found on the accused is simple in nature and as per the entries in the case sheet, the said injury is self inflicted one. 22. As already stated supra, PW-1 & 2 turned hostile and did not support the case of the prosecution. The only witness available to prove the case of the prosecution is PW-8, who categorically deposed that, the deceased sustained a cut injury of 15 x 5 cm with sharp margins present at front of the neck and middle of neck. PW-8 HKSRJ, J & HTCDS, J CRLA_724_2017 12 further deposed that the said injury could not be possible if a person fell on the kitchen knife. However, on perusal of the evidence of PW-7, who treated the accused, has categorically deposed that, the injury sustained by the accused is a self inflicted one, so as to commit suicide due to the fear that, the neighbors may beat him. 23. The evidence of PWs.7 & 8 is crystal clear, that the injuries sustained by the deceased cannot be possible by a fall on kitchen knife (katti peta-Telugu word). Further PW-7 categorically opined that the injury received by the accused is simple in nature and the same is self inflicted one. Apart from the same, the evidence of PW-13 who is also the Medical Officer, who examined the accused also opined that the injury sustained by the accused is self inflicted one. 24. As already discussed the accused cut his throat, so as to commit suicide, being afraid of neighbors. The above evidences of PW-7, PW-8 and PW-13 inspire confidence of this Court. As the prosecution is able to prove that, the accused was present in the house along with two HKSRJ, J & HTCDS, J CRLA_724_2017 13 children i.e., PW-2 and the deceased, it is for him to explain as to how, the deceased met with homicidal death. Apart from giving explanation, the accused came up with a false explanation that the deceased accidently fell on a kitchen knife (katti peta-Telugu word) and died. Apart from giving explanation as per provisions of 106 of Indian Evidence Act, the accused came with a false explanation. It is established by the prosecution that the accused was found in the house at the relevant point of time. 25. In view of the findings given supra, coupled with the evidences of PW-7, PW-8 and PW-13, the prosecution proved its case beyond reasonable doubt. The convictions and sentences recorded by the learned III Additional Sessions Judge need no interference. 26. In the result, there are no merits in the present Criminal Appeal and accordingly the Criminal Appeal is dismissed confirming the convictions and sentences recorded by the learned XIII Additional Sessions Judge, Narasaraopet in SC No.151 of 2016, dt.01.06.2017. HKSRJ, J & HTCDS, J CRLA_724_2017 14 27. It is needless to state that the period already undergone by the appellant/Accused shall be given set off under Section 428 Cr.P.C. 28. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. ___________________ K.SURESH REDDY, J _________________ T.C.D.SEKHAR, J 13.02.2025 DR HKSRJ, J & HTCDS, J CRLA_724_2017 15 39 HON’BLE SRI JUSTICE K.SURESH REDDY AND HON’BLE SRI JUSTICE T.C.D. SEKHAR CRLA No.724 of 2017 Dated 13.02.2025 DR