APHC010929742017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 0i'0 320 MONDAY, THE SEVENTH DAY OF JULY I TWO THOUSAND AND TWENTY FIVE ' PRESENT HONOURABLE SRI JUSTICE K SURESH REDDY AND honourable dr justice Y. LAKSHMANA CRIMINAL APPEAL No.lfiQ/ pf 2017 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 Between: 1. Adimulam Nanaji, S/o.Nagaraju S.Kota. 2. Adimulam Durga Devi, W/o.Nanaji S.Kota Village. RAO Vizianagaram District. , Caste; Vysya, R/o.Gavara Street ’ Vysya, R/o.Gavara Street, ...Appellants/Accused AND The State of Andhra Pradesh, ~ P S., Vizianagaram, Represent by Public Telangana & Andhra Pradesh, Amaravathi. Through Inspector of Police, II Town Prosecutor, High Court of ■..Respondent/Complainant Counsel for the Appellant Counsel for the Respondent : The Court made the following: : Sri PSP Suresh Kumar Additional Public Prosecutor APHC010929742017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3534] MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE . PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL APPEAL NO: 1607/2017 Between: Adimulam Nanaji and Others ...APPELLANT(S) AND The State Of Andhra Pradesh Counsel for the Appellant(S): ...RESPONDENT 1.00 2.- 3.PS P SURESH KUMAR 4.S R SANKU AND KAVITI MURALI KRISHNA Counsel for the Respondent: 1. PUBLIC PROSECUTOR (AP) The Court made the following: 2 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 - 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. cum - 2. The appellants-accused Nos. 1 and 2 were tried by the trial Court under the following charges: I charge was under Section 302 IPC against both the accused; II charge was under Section 380 IPC against both the accused; ill charge was under Section 461 IPC against both the accused; IV charge was under Section 392 IPC against both the accused; and V charge was under Section 404 read with Section 34 IPC against both the accused. 3. Substance of the charges is that on 30-07-2014 at about 6.30 both the accused caused the death of one Kurmadasu Lalitha Devi p.m 3 (hereinafter referred to as 'the deceased') in House No. 466 situated at 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 ‘ committed offences punishable under Sections 302, 380, 461, 392 and 404 read with Sfection 34 I PC. After completion of trial, the trial Court convicted the appellants- 4. accused Nos. 1 and 2 and sentenced them to suffer rigorous imprisonment for life 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 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 appellants- accused Nos. 1 and 2 of the charges under Sections 392, 461 and 404 read with Section 34 IPC. Case of the prosecution in brief is thus: 5. All the material prosecution witnesses are residents of Vizianagaram Town. P.Ws.1 and 2 are none other than parents of the deceased. Accused No. 2 is elder daughter of P.Ws.1 and 2 and elder sister of the deceased. Accused No. 1 is husband of accused No. 2. 4 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 S.Kota Village. At the time of incident, P.Ws.1 deceased were living at Vizianagaram. in and 2 along with the 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 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 on the cot. % 5 day at about 9.30 p.m., P.W.1 went to police station and gave a report to police. P.W.18-the then Sub Inspector of Police, II Town Police Station, Vizianagaram, received Ex.PI-Report from P.W.1 and registered a case in crime No. 187 of 2014 under Sections 302 and 380 read with Section 34 IPC. He issued copies of FIR to all the concerned. Ex.P44 is FIR. Having received information from P.W.18, the then in-charge Inspector of Police-P.W.15 went to the scene of offence and found the dead body. He prepared an observation report-Ex.P35 in the presence 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 of P.W.9 and 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. P.W.13-Deputy Civil Surgeon, District Headquarters Hospital, Vizianagaram, conducted autopsy over the dead body of the deceased. He opined the cause of death was due to shock due to multiple injuries 6 and incoercible haemorrhage. certificate-Ex.P27. He accordingly issued post mortem P.W.15 sent the material objects to Andhra Pradesh Forensic Science Laboratories, Hyderabad, for analysis. Exs.P28 and P29 F.S.L. Reports. On 12-08-2014, he apprehended the accused Sontyam Village. On the confession made by acciised No. 2, he ' recovered three pairs of silver anklets, one silver glass, one silver plate are near 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, statements of P.Ws.6 and 7. On 30-08-2014, he appointed P.W.9 and another to conduct test identification of property, in which P.W.1 said to have identified the articles. Test identification proceedings were marked as EX.P40. On 14-08-2014, he recorded Subsequently, P.W.16-the then Inspector of Police, II Town Police Station, Vizianagaram, took over investigation of the case, verifying the investigation done by P.W.15, he filed charge sheet. After 6. 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 to 29. 7 When the accused were examined under Section 313 7. Cr.P.C., they denied the incriminating material appearing against I them and reported no oral or documentary evidence on their behalf. 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 afore- 8. stated. 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. 9. 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. 10. P.W.9, mediator for arrest and recovery apart from inquest and observation report, also did not support the case of prosecution P.Ws.10 to 12, who were and he was also declared hostile. 8 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, there is no other evidence available on record. Further, P.W.1 went to the extent of disowning Ex.PI-Report also. Merely oh the basis of 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 no iota of 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 aside the 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. 9 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. Pending miscellaneous applications, if any, shall stand disposed of in consequence. Sd/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// SECTION OFFICER 1. The Special Judge for Trial of Cases under S.Cs & S.Ts (POA) Act- Cum-IV Additional District and Sessions Judge, Vizianagaram, Vizianagaram District. (With Record) 2. The Superintendent, Central Prison, Visakhapatnam, Visakhapatnam District. 3. The Superintendent, Special Cell for Women, Rajahmundry, East Godavari District. 4. The Station House Officer, II Town Police Station, Vizianagaram, Vizianagaram District. 5. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi [OUT] 6. One CC to Sri P S P Suresh Kumar, Advocate [OPUC] 7. The Section Officer, Criminal Section, High Court of Andhra Pradesh. 8. Two CD Copies To TK sree HIGH COURT DATED:07/07/2025 JUDGMEN CRLA No. 1607 of 2017 ALLOWING THE CRIMINAL APPEAL