1 KSR, J & TCDS, J Crl.A.No.978 of 2017 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE SPECIAL DIVISION BENCH PRESENT HON’BLE SRI JUSTICE K SURESH REDDY And HON’BLE SRI JUSTICE T.C.D.SEKHAR CRIMINAL APPEAL NO: 978 of 2017 J U D G M E N T (Per Hon’ble Sri Justice K. Suresh Reddy) Accused No.1 in Sessions Case No.78 of 2016 on the file of the Court of the learned IV Additional District and Sessions Judge, Nellore is the appellant in the present Criminal Appeal. He along with A2 were tried by the learned Additional Sessions Judge under two (2) charges. First Charge was under Section 302 r/w 34 IPC against A1 and A2 and second charge was under Section 379 r/w 34 IPC against A1 and A2. 2 KSR, J & TCDS, J Crl.A.No.978 of 2017 2. The substance of the charge is that on 01.8.2014, at about 9.45 p.m., at Malapatamma Thumulu, Rayapeta Cross Roads, Allurpeta village, in furtherance of their common intention, both the accused caused the death of one Nellore Vinod Kumar (herein after referred to as „the deceased‟), Co-worker, by beating with a rod and strangulating him with a shirt and committed theft of cash, thereby committed the offences punishable under Sections 302 and 379 r/w 34 IPC. 3. After completion of trial, the learned Additional Sessions Judge convicted the appellant/accused No.1 and sentenced him, for the offence under Section 302 IPC, to suffer imprisonment for ‘LIFE’ and also to pay a fine of Rs.500/- (Rupees Five Hundred only), in default to suffer Simple Imprisonment for a period of three (3) months. The learned Additional Sessions Judge further convicted the appellant/A1 and sentenced him under Section 379 IPC to undergo Rigorous Imprisonment for three (3) years and also to pay a fine of Rs.500/- (Rupees Five Hundred only), in default to undergo Simple Imprisonment for three (3) months. Both the substantive sentences were directed to run concurrently. However, learned Additional Sessions acquitted A2 for the charges under Sections 302 and 379 IPC. 3 KSR, J & TCDS, J Crl.A.No.978 of 2017 4. Case of the prosecution, as per the evidence of the prosecution witnesses, briefly is as follows:- (i) P.Ws. 1 and 2 are the parents of the deceased and they are residents of Padmanabha Satram, Kodavalur Mandal, Nellore District. Deceased was also the resident of same village. P.W.3 is the brother-in-law of the deceased. The deceased and A1 were working under P.W.4, who is running Coca-cola cool drinks Distribution Agency at Padmanabha Satram. The deceased was working as a driver-cum-cashier and he used to deliver Coca-cola cool drink bottles to shops and collect money. A1 was also working along with the deceased. On 01.8.2014 at about 9.00 a.m, the deceased and A1 boarded the vehicle bearing No.AP 03 W 7052 to go to Allur for delivery of cool drink bottles. After delivering the cool drink bottles, both of them returned at about 2.00 p.m. After taking lunch, the deceased and A1 left for their work to Isukapalli. At about 9.30 p.m, on the same day P.W.1 telephoned to his son/ the deceased, who informed him that he is coming from Isukapalli along with cash of Rs.57,000/-. He further informed that he is coming along with A1 and A2. As the deceased did not turn up, at about 11.30 p.m. P.W.1 once again telephoned to his son, but his telephone was switched off. Immediately P.W.1 along with P.W.5 4 KSR, J & TCDS, J Crl.A.No.978 of 2017 approached P.W.4 and informed him that the deceased did not return home. Immediately, P.W.4 also tried to contact the deceased over phone, but it was switched off. Then P.W.1 along with P.Ws.4, 5 and 6 went in search of the deceased at Allur and Isukapalli, but in vain. Thereafter, P.W.4 returned to the godown and found the vehicle was parked there. On enquiry, P.W.4 came to know that A1 called the auto of P.W.10 to Padmanabha Satram and from there, A1 and A2 left the village. Thereafter P.Ws.1, 3 along with P.Ws.5 and 6 searched in Rayapeta road and Isukapalli and finally they found the dead body of the deceased in an irrigation sluice near Malepatemma temple. P.Ws. 1 and 2 went to the scene of offence and identified the dead body of the deceased as that of their son. Thereafter P.W.1 went to police station and gave a report. On 02.8.2015 at about 11.00 a.m., the Sub-Inspector of Police-P.W.13 received report/Ex.P1 from P.W.1 and registered a case in Crime No.123 of 2014 under Sections 302 and 379 IPC and issued copies of FIRS to all the concerned. Ex.P11 is the FIR. (ii) After receipt of information, the Inspector of Police-P.W.14 went to the scene of offence along with mediators. He prepared an observation report-Ex.P4 in the presence of mediators –P.W.12 and another. He also prepared rough sketch-Ex.P12. He prepared 5 KSR, J & TCDS, J Crl.A.No.978 of 2017 another observation report-Ex.P5 at the scene of offence. He seized blood stained earth-MO3 and controlled earth-MO4 at the scene of offence. He held inquest over the dead body in the presence of P.W.12 and another. Ex.P3 is the Inquest report. He recorded statements of P.Ws. 1 to 6 at the scene of offence. He sent the dead body to the Government Hospital for post-mortem examination. (iii) P.W.9-the then Medical Officer, Government Hospital, Allur, conducted autopsy over the dead body. He opined the cause of death was “due to asphyxia and strangulation”. He issued post-mortem certificate-Ex.P2. (iv) Thereafter, P.W.14 visited Isukapalli village and recorded statements of P.Ws.7 and 8. Subsequently he visited Eethathopu village and recorded statements of P.Ws. 10 and 11. On 03.8.2014, P.W.14 arrested both the accused near Salt Factory situated at Gogulapalli in the presence of P.W.12 and another. He seized 16 notes of Rs.1,000/- denomination = Rs.16,000/- (MO12), 38 notes of Rs.500/- denomination= Rs.19000/- (MO13), 113 notes of Rs.100/- denomination = Rs.11,300/- (MO14), 10 notes of Rs.20/- = Rs.200/- (MO15), 80 notes of Rs.10/- = Rs.800/- (MO16) from the possession of A1. He also seized MO.8 (black and red colour cut banian) and MO.9 (jeans pant) from the possession of A1. He seized an amount 6 KSR, J & TCDS, J Crl.A.No.978 of 2017 of Rs.1500/- from the possession of A2 in the presence of P.W.12 and another. Exs.P6 to P8 are recovery panchanamas. Cash seized from both the accused are marked as MOs.12 to 16. On the confession made by A2, he recovered MO.6 near R.K. Degree College, Allur under Ex.P9. On the confession made by A1 and A2 he seized MO.10-iron rod under Ex.P10 near Galidibbala road. He sent MOs.7 and 9 to FSL for chemical examination. Ex.P14 is the FSL report. After completion of investigation and after collecting post-mortem certificate, he filed charge sheet. 5. In support of its case, the prosecution examined PWs.1 to 14, got marked Exs.P.1 to P.16, apart from exhibiting MOs.1 to 16. 6. When the accused were examined under Section 313 Cr.P.C., they denied the incriminating evidence found against them from the prosecution witnesses, but they did not choose to examine any witness on their behalf. 7. Accepting the evidence of prosecution witnesses, in particular the evidence of P.Ws.1, 2, 4, 7, 8, 10 and 11, the learned Additional Sessions Judge convicted the appellant/accused as aforesaid. 7 KSR, J & TCDS, J Crl.A.No.978 of 2017 8. Heard Sri G.Vijaya Saradhi, learned counsel for the appellant/accused and Sri Marri Venkata Ramana, learned Additional Public Prosecutor. 9. We have carefully scrutinised the entire evidence on record. 10. P.Ws. 1 and 2 are none other than the parents of the deceased. P.Ws. 1 and 2 in their evidence have categorically stated that on 01.8.2014, the deceased went to his work after taking lunch at about 3.00 p.m. Thereafter, till 11.30 p.m. the deceased did not return. P.W.1 in his evidence further stated at about 9.30 p.m. on that day he contacted the deceased over mobile phone, who in turn informed him that he is returning from Isukapalli along with A1 and A2 after collecting cash of Rs.57,000/- from the customers. As he did not turn up even after 11.30 p.m, P.W.1 along with P.W.5 approached P.W.4 and informed him. Thereafter P.Ws. 1, 4, 5 and others searched for the deceased in and surrounding places, but in vain. It is their further evidence that on the next day, when they were searching for the deceased, they found the dead body at Malapattamma Thumulu, Rayapeta Cross Roads, Allurpeta village at about 10.00 a.m. on 02.8.2014. After seeing the dead body, P.W.1 went to the police station and gave a report-Ex.P1 at about 8 KSR, J & TCDS, J Crl.A.No.978 of 2017 11.00 a.m. As such, the evidence of P.Ws.1 and 2 is crystal clear that on the fateful day at about 3.00 p.m the deceased left the house and at about 9.30 p.m. on the same day they came to know that the deceased along with A1 and A2 were returning from Isukapalli. 11. Coming to the evidence of P.W.4 under whom the deceased and A1 were working, he also stated that on that afternoon the deceased and A1 attended the godown work from where they took the stock to Isukapalli. The evidence of P.W.4 further discloses that the deceased was working as a sales man–cum-driver under him. P.W.4 further stated in his evidence that the deceased delivered coca-cola cool drink bottles to P.Ws.7 and 8 at Isukapalli and was returning with cash of Rs.57,000/-. His evidence further disclosed that A1 was assisting the deceased in delivering the stocks to retailers. The evidence of P.W.4 further disclose that on the fateful day at about 11.30 p.m P.W.1 came to him and informed stating that the deceased did not return to home. Thereafter, all of them searched for the deceased, but in vain. After completion of search, P.W.4 returned to godown at about 2.00 a.m on 02.8.2014. P.W.4 in his evidence categorically stated that by the time he returned to godown at about 2.00 a.m. he found the vehicle parked at the godown. His evidence further discloses that on his enquiry, he came 9 KSR, J & TCDS, J Crl.A.No.978 of 2017 to know that A1 and A2 called P.W.10 and they went in his auto towards Isukapalli. 12. The evidence of P.Ws.7 and 8 disclose that on 01.8.2014, the deceased delivered stocks in their shops along with A1 and A2 at about 8.00 p.m. and 9.00 p.m and collected money. As such, the evidence of P.Ws. 7 and 8 disclose that the deceased along with A1 and A2 went to their respective shops and delivered coca-cola cool drink bottles and collected money. 13. The evidence of P.Ws. 10 and 11 disclose that at about 2.00 a.m. after parking the vehicle at godown belonging to P.W.4, A1 called P.W.10 and requested him to take him towards Isukapalli. P.W.10 along with P.W.11 came in his auto and picked up A1 and A2, who informed them they wanted to go to Isukapalli. The evidence of P.Ws. 10 and 11 further disclose that even before reaching Isukapalli both the accused got down at Rayapeta cross roads near the scene of offence. As such, the evidence of P.Ws.10 and 11 clearly show that both A1 and A2 travelled in their auto in the early hours of 02.8.2014 towards the scene of offence. 14. Apart from these circumstances, the prosecution is also relying on the recovery of an amount of Rs.45,800/- from A1 and Rs.1500/- from A2 in the presence of mediators- P.W.12 and 10 KSR, J & TCDS, J Crl.A.No.978 of 2017 another. As such, the prosecution is also able to prove the recovery of money, which was committed theft from the deceased. Though there are no direct witnesses to the incident, the prosecution is able to prove that the deceased left at about 3.00 p.m. on the fateful day to his work place and thereafter the prosecution is able to prove that the deceased along with A1 left from godown along with stocks to Isukapalli as per the evidence of P.W.4 and the prosecution is able to prove the factum of the accused and the deceased delivering the stocks at Isukapalli in the shops of P.Ws.7 and 8. Thereafter, the prosecution is also able to prove that both the accused after parking the vehicle at the godown of P.W.4 left for Isukapalli in the early hours of 02.8.2024. As such, the chain of circumstances, relied on by the prosecution is pointing guilt towards the accused alone and to none others. Of course, as the evidence of prosecution witnesses did not disclose the participation of A2 in the commission of offence he was granted benefit of doubt. Further, the conduct of appellant/A1 in not attending the duty on the next day adds additional circumstance to the chain of circumstances relied on by the prosecution. Of course, the accused also did not explain as to what happened to the deceased when both of them left from the godown. 11 KSR, J & TCDS, J Crl.A.No.978 of 2017 15. In view of the facts and circumstances, the prosecution is able to prove the guilt of the accused beyond reasonable doubt as all the circumstances relied upon by the prosecution are pointing out the guilt towards the appellant/accused alone but not to others. Having analysed the evidence carefully, we have no hesitation to come to the conclusion that there are no grounds to interfere with the conviction and sentence recorded by the learned Additional Sessions Judge. 16. In the result, the present Criminal Appeal is dismissed confirming the conviction and sentence passed by the learned IV Additional District and Sessions Judge, Nellore, in Sessions Case No.78 2016, dated 06.04.2017. Needless to state that the period already undergone by the appellant/Accused shall be given set off under Section 428 Cr.P.C. Miscellaneous petitions, if any, pending in the Criminal Appeal, shall stand closed. ________________________ JUSTICE K. SURESH REDDY _____________________ JUSTICE T.C.D.SEKHAR Date: 10.2.2025 GR 12 KSR, J & TCDS, J Crl.A.No.978 of 2017 HON’BLE SRI JUSTICE K SURESH REDDY And HON’BLE SRI JUSTICE T.C.D.SEKHAR CRIMINAL APPEAL No.978 of 2017 (Per Hon’ble Sri Justice K. Suresh Reddy) Date: 10.2.2025 GR