IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY ,THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY AND THE HONOURABLE SMT JUSTICE V.SUJATHA CRIMINAL APPEAL NO: 1304 OF 2017 Appeal under Section 374(2) of Cr.P.C praying that the High Court may be pleased to to against the judgment and sentence passed by the learned the Special Sessions Judge for trial of SCs & STs Cases cum Additional Sessions Judge, Ananthapuramu in Spl. Sessions Case No.38/2015, dated 17.10.2017 Between: Ediga Dhanunjaya, S/o. E. Sreenivasulu, R/o. D.No. 11-1-737, Back Side of Gampanna Apartments, Naik Nagar, Anantapuramu ...APELLANT / ACCUSED No.1 AND The State of A.P.,, Rep., by Public Prosecutor, High court of Andhra Pradesh ...RESPODENT / COMPLAINANT Counsel for the Appellants : SRI M V SUBBA REDDY Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following ORDER : THE HONOURABLE SRI JUSTICE K SURESH REDDY AND THE HONOURABLE SMT JUSTICE V.SUJATHA CRIMINAL APPEAL NO: 1304 of 2017 JUDGMENT: (Per Hon’ble Sh Justice K. Surest! Reddy) A.1 in S.C.No.38 of 2015 on the file of Special Sessions Judge for of SCs and STs Cases - trial cum Additional Sessions Judge, Ananthapuramu, is the appellant. He along with A.2 and A.3 was tried by the learned Special Sessions Judge under the following three charges: (i) First charge was under Section 302 r/w 34 IPC against A.1 to A.3 (ii) Second charge was under Section 201 IPC against A.1 to A.3 (iii) Third charge was under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 2. Substance of the charge is that on the afternoon of 01.12.2014, A.1 to A.3 caused the death of one T.Madhusudhana Naik (hereinafter referred to as the deceased), who belong to S.T. community by tying a rope around his neck tightly and smothered him with pillow, who died on the spot in the house of A.1 at Ananthapuramu, and in the same process, to screen the evidence they threw the dead body into the Canal, thereby committed offences punishable under Sections 302 and 201 read with Section 34 IPC and Section 3 (2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. After completion of trial, the learned Special Sessions Judge convicted A.1 under Section 302 IPC and Section 3 (2)(v) of the Scheduled Castes and 2 of Atrocities) Act, 1989 and was sentenced to Scheduled Tribes (Prevention imprisonment for LIFE. The appellant was sentenced to suffer imprisonment for a period of three years. Learned Special fine of Rs.5,000/- each under three counts. Both directed to run concurrently. Sessions Judge acquitted A.2 and A.3 of all the further convicted under Section 201 IPC and was Sessions Judge imposed a the substantive sentences were Learned Special charges. Case of the prosecution, briefly, is as under: accused and material prosecution witnesses are residents of also resident of Ananthapuramu 3. (a) All the Ananthapuramu town. The deceased was town. PW.1 is the brother and PW.2 is the wife of the deceased respectively. The deceased was working as a Guard in Railway Department at Nandalur. schoolmate and friend of the deceased. It is alleged that in the year A.1 is the 2012, the deceased lent an amount of Rs.1,50,000/- to A.1 for his necessities, amount of Rs.50,000/- and he is due an amount of A.1 repaid an Rs.1,00,000/-. The deceased used to visit the house of A.1 and used to demand for repayment of the balance amount. A.1 used to suspect that the deceased was having illicit intimacy with his wife. While so, on 01.12.2014 at about 10.00 A.M., the deceased went outside on his two wheeler bearing registration No.AP 02 AF 2169. At about 03.00 P.M., PW.1 telephoned to the On the next day morning, PW.1 went deceased, but there was no response, to the Police Station and gave a report. PW.12 Sub-Inspector of Police 3 Town Police Station, Ananthapuramu, received Ex.P1 from PW.1 and registered a case in Cr.No.535/2014 under the Head “Man Missing”. Ex.P24 is the said F.I.R. PW.12 recorded statements of PWs 1 & 2 under Section 161 Cr.P.C. Further investigation was taken over by PW.13 Inspector of Police. On 07.12.2pi4 at about 08.15 A.M., while PW.13 was in his Police Station, he received credible information about suspected accused in Cr.No.535/2014. Immediately, he summoned mediators PWs 7 & 8 and reached M.G. Showroom situated at Bellary Bypass. PW.13 apprehended A.1 under a cover of Panchanama Ex.P7 in the presence of PWs 7 & 8. A.1 said to have confessed stating that he killed the deceased. On the confession made by A.1, the dead body was recovered from the Canal placed in a plastic Urea bag. Having opened the bag, they found dead body of the deceased tied with seven boulders. Thereafter, PW.13 summoned PWs 1 & 2 who identified the dead body..- Thereafter, he altered F.I.R. to Sections 302 and 201 r/w 34 IPC and Section 3 (2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and issued altered F.I.R. to all the concerned. Altered F.I.R. is marked as Ex.P25. Further investigation was taken over by the S.D.P.O. PW.14. Having received the information, PW.14 went to the Canal and noticed the dead body on the banks of the Canal where PW.13 and others were already present. He held inquest over the dead body in the presence of PWs 7, 8 & 10. Inquest report is marked as Ex.P9. After inquest, he forwarded the dead body to the Government Hospital for Postmortem examination. PW.5 Professor, H.O.D, Forensic Medicine 4 Government Medical College, Ananthapuramu conducted Autopsy over the dead body. He opined the cause of death cannot be ascertained because of the following reasons; 1. The cadaver is in highly decomposed state 2. No visible injuries are observed in autopsy 3. Diatom test reveals that similar type of diatoms are not detected in examination so it is not due to ante mortem drowning. 4. Chemical analysis (RFSL) Report revealed that no poisonous substance found in examination. But, he stated as follows; “However, as per the inquest information, “Death possibility of violent asphyxial death could not be denied” He issued Postmortem Certificate Ex.P4 and Final opinion Ex.P5. (b) PW.14 also prepared rough sketch Ex.P27. On 08.12.2024, PW.14 visited the house of A.1 situated at D.No.11-1-737, Naik Nagar, along with mediators PWs 7 & 9. He seized M.Os 1 to 3 at the house of A.1. Thereafter, A.1 led PW.14 and mediators to Isckon Temple wherefrom they recovered M.Os 4 to 6 under a cover of Panchanama. Thereafter, A.1 was produced before the Court who was remanded to judicial custody. On 10.12.2014, PW.14 recorded statement of PW.3. On 15.12.2014, he recorded statement of PW.6. On 18.12.2014, he recorded statement of PW.4. On 24.12.2014 PW.14 arrested A.2 in the presence of PWs 10 & 11 near Bellary Road and recovered M.0.7 mobile phone from his possession under Ex.P18. Later A.2 was remanded to judicial custody. Thereafter, PW.14 arrested A.3 in the 5 presence of PWs 10 & 11 near R.T.C. Bus Stand under a cover of Panchanama Ex.P.19. On the same day at about 4.30 P.M., M.0.11 Plastic Drum was recovered on the confession made by A.3 under the cover of Panchanama. He also obtained Caste Certificate of the deceased, which is marked as Ex.P28. He also received Caste Certificates of PW.1 and A.1 to A.3 which were marked as Exs.P29 to P32. He sent material objects for chemical analysis to R.F.S.L. R.F.S.L. report is marked as Ex.P33. After receiving all the documents and after completion of investigation, he filed charge sheet. In support of its case, the prosecution examined PWs 1 to 14, marked Exs.P.1 to P.34 and exhibited M.O.s 1 to 16. 4. 5. When the accused was examined under Section 313 Cr.P.C., he denied the incriminating material appearing against him. Accepting the evidence of prosecution witnesses including hostile witnesses, learned Special Sessions Judge convicted the appellant as aforesaid. Heard Sri M.V.Subba Reddy, learned counsel for the appellant, and Sri Marri Venkata Ramana, learned Additional Public Prosecutor representing the 6. State. We have carefully analyzed the entire evidence on record. 7. There are no eye witnesses in the case and the prosecution rests its the basis of circumstantial evidence. PW.1 is the brother and PW.2 is 8. case on the wife of deceased respectively. Both of them in their evidence have stated that A.1 borrowed an amount of Rs. 1,50,000/- from the deceased and he repaid Rs.50,000/-. It is their further evidence that the deceased used to visit the house of A.1 and demanding him to repay the money. Except said fact, the evidence of PWs 1 & 2 is not at all useful for any other purpose. So far PWs 3 & 4 are concerned, they did not support the prosecution, prosecution relied on circumstance that the dead body and material objects were recovered at the instance of the accused. The prosecution relied on the evidence of PWs 7 to 10 to show the arrest and recovery. But, unfortunately all the Panch witnesses i.e., PWs 7 to 10 did not support the prosecution and they were declared as hostile. As such, there is nothing on record to show that the accused was arrested in the presence of mediators and as The on the confession made by A.1, the dead body was recovered along with material objects. Absolutely there is no other material to show that the dead body recovered at the instance of A.1 / Appellant. Except the evidence of the Investigating Officer, there is no other material. was As already pointed out, unfortunately all the Panch witnesses i.e., PWs 7 to 10 did not •;5upport the prosecution. Learned Special Sessions Judge relied on the evidence of hostile Panch witnesses, who specifically stated that they could not identify the material objects. Learned Special Sessions Judge ought not to have relied their evidence. on As there is no material to connect the appellant with the alleged offence, we have no hesitation to come to a conclusion that the 7 conviction and sentence recorded by the learned Special Sessions Judge liable to be set aside. IS In the result, this Criminal Appeal is allowed and the conviction and sentence recorded by the learned Special Sessions Judge for trial of SCs and STs Cases - cum -Additional Sessions Judge, Ananthapuramu, in S.C.No.38 of 2015 vide judgment dated 17.10.2017 is hereby set aside and the appellant / A.1 is acquitted of all the charges. The fine amount, if any, paid by the appellantshall be refunded. As the appellant / A.1 was already enlarged on bail by this Court vide order in I.A.No.1 of 2021 dated 01.12.2022 in terms of the order of a Division Bench of the combined High Court in Batchu Ranga Rao v. State of A.P.\ he is directed to appear before the Superintendent of the Central Prison concerned for completion of necessary formalities. The bail bonds of the appellant/A.1 shall stands cancelled. As a sequel, interlocutory applications pending, if any, shall also stand closed. 1 [2016(3) ALT (CrI.) 505 (DB) (A.P.)] SD/- E.KAMESWARA RAO JOINT REGISTRAR r sr- //TRUE COPY// SECTION OFFICER To 1. The Special Sessions Judge for trial of SCs & STs Cases cum Additional Sessions Judge, Ananthapuramu (with records if any) 2. The Additional Judicial Magistrate of First Class, Ananthapura 3. The Sub Divisional Police Officer, Ananthapuram 4. The Superintendent, Central Prison, Kadapa, YSR Kadapa District 5. One CC to Sri M V Subba Reddy Advocate [OPUC] 6. TwoCCsto the Public Prosecutor High Court of Andhra Pradesh [OUT] 7. The Section Officer, Criminal Section, High Court of Andhra Pradesh at Amaravathi 8. THREE CD COPIES m psr TAC HIGH COURT DATED:10/04/2025 ORDER CRLA.No.1304 of 2017 ALLOWING THE CRIMINAL APPEAL