1 KSR, J & SRS, J Crl.A.No.1597 of 2018 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI MONDAY, THIS THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE SPECIAL DIVISION BENCH PRESENT HONOURABLE SRI JUSTICE K.SURESH REDDY And HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CRIMINAL APPEAL No.1597 of 2018 JUDGMENT: (per Justice K.Suresh Reddy) Both the accused in S.C.No.116 of 2016 on the file of the Court of learned Sessions Judge, at Vizianagaram are the appellants. They were tried by the learned Sessions Judge under two (02) charges, out of which the first charge was under Section 302 IPC against both the accused and the second charge was under Section 498A IPC against A1. 2. Substance of the charge is that, prior to 04.08.2015, A1 used to harass his wife by name Landa Ramalakshmi (hereinafter referred to as deceased) and subjected her to cruelty both physically and mentally, by suspecting her fidelity and on 04.08.2015 at about 11:30 AM, both the accused caused her death, by squeezing her throat and placing a pillow on her face, till her death, in the house of PW.1 situated at Ompalli Village, Bondapalli Mandal, Vizianagaram District, thereby committed offences under Sections 302 and 498A IPC. 2 KSR, J & SRS, J Crl.A.No.1597 of 2018 3. After completion of trial, the learned Sessions Judge convicted both the accused under Section 302 read with 34 IPC and sentenced each one of them to suffer imprisonment for „life’ and also to pay fine of Rs.2,00,000/- (Rupees two lakhs only) by the first accused and Rs.1,00,000/- (Rupees one lakh only) by the second accused, in default, to suffer imprisonment of six (06) months each. Learned Sessions Judge, further convicted A1 under Section 498A IPC and sentenced him to suffer imprisonment for three (03) years and also to pay a fine of Rs.10,000/- (Rupees ten thousand only), in default, to suffer imprisonment for three (03) months. Both the substantive sentences were directed to run concurrently. Out of the fine amount, Rs.3,00,000/- (Rupees three lakhs only) was directed to pay to PW.1, towards compensation. 4. Case of the prosecution as emanated from the evidence of prosecution witnesses, briefly, is as follows: i) A1 is husband of the deceased and A2 is his friend. PW.1 is the mother of the deceased. PW.12 is the sister of PW.1. PW.2 is the daughter- in-law & PW.3 is the son of PW.12. PW.5 & PW.6 are neighbours of PW1. PW.7 to PW.9 are relatives of the deceased. All the material prosecution witnesses are residents of Ompalli Village, Bondapalli Mandal, Vizianagaram District and the accused were also residents of the same village. ii) Marriage of the deceased was performed with A1 on 07.05.2015 and they lived happily for some time. Thereafter, A1 used to beat the 3 KSR, J & SRS, J Crl.A.No.1597 of 2018 deceased, suspecting her fidelity. When the deceased informed the same to PW.1 and others, they advised her to adjust with A1. While things stood thus, in view of Aashadamasam, parents of the deceased brought her to their house on 04.08.2015. In the afternoon of 04.08.2025, while PW.1, PW.12 & the deceased were sitting in front of the house, A1 & A2 came on a motorcycle and took the deceased inside the house and discussed for some time. Later, both the accused left the house on their motorcycle. As the deceased did not come out for long time, PW.1 & PW.12 went inside the house and found the deceased on a cot with a towel around her neck and a thick blanket on her neck and two (02) pillows on the cot. They also found scratches on the face & neck of the deceased and bangle pieces & hair bands here and there. They observed the deceased dead. Immediately, PW.1 cried loudly, resultant to which, neighbours gathered there. iii) At about 01:30 PM or 02:00 PM of the very same day, PW.1 & PW.12 sent persons to PW4-MPTC, Ompalli Village and informed him about the incident. On receipt of the said information, PW.4 came to the scene of offence and saw the dead body of the deceased. On that, PW.4 telephoned A1 and requested him to come there. Then, A1 & A2 came to the house and informed PW.4 that they along with PW.8 & PW.10 were working as masons and were engaged in the construction of a house belonging to PW.11 at Ayyannapeta. In the meanwhile, the villagers quarreled with A1 & A2 and beat them, as a result to which, A1 & A2 received injuries. Unable to control 4 KSR, J & SRS, J Crl.A.No.1597 of 2018 the commotion, PW.4 telephoned to the Police at about 03:30 PM and the Sub Inspector of Police, came to the house of PW.1 and took both the accused into custody. Thereafter, he referred them to the Government Hospital, Vizianagaram, for treatment. iv) On the evening of the very same day, PW.1 went to the Police Station and gave a report to PW.20-the then Assistnt Sub-Inspector of Police, Bondapalli Police Station, who received Ex.P1-Report from PW.1 and registered a case in Crime No.138 of 2015 of Bondapalli Police Station under Section 302 IPC. Ex.P1 was scribed by PW.4 and FIR was marked as Ex.P27. v) On 04.08.2015, at about 05:00 PM, PW.21-the then Inspector of Police, Gajathinagaram Police Station, having received the information, visited the scene of offence and prepared Observation Report-Ex.P13 on 05.08.2018, in the presence of PW.15 and another. PW.21 recorded statement of PW.1 and gave a requisition to the Civil Medical Officer, District Hospital, to collect the nail clippings & swabs, for sending the same to RFSL. At about 07:30 PM, he went to the scene of offence and got the dead body photographed, through PW.16. Photographs were marked as Ex.29 and CD was marked as Ex.P30. He also prepared a Rough Sketch-Ex.P28 at the scene of offence and seized MO.1 to MO.7, in the presence of PW.15 and another. Thereafter, he visited mortuary and held inquest over the dead 5 KSR, J & SRS, J Crl.A.No.1597 of 2018 body, in the presence of PW.14 & another. Inquest Report was marked as Ex.P12. At the inquest, he recorded statements of PWs.2, 3, 4, 6 & 12. vi) PW.17-Civil Assistant Surgeon, District Hospital, Vizianagaram conducted autopsy over the dead body. He opined the cause of death was due to ante-mortem asphyxia and throttling. He issued Preliminary post- mortem report under Ex.P14 and final post-mortem Report under Ex.P16. vii) Thereafter, PW.21 visited Ompalli village and recorded statements of PWs.4 & 7 to 10 and filed a Memo adding Section 498A IPC. PW.21 received the clothes of deceased from the Medical Officer, Gajapathinagaram which were marked as MOs.8 & 9. viii) On 07.08.2015, when both the accused were produced before PW.21, they said to have confessed that they killed the deceased. PW.21 seized motor cycle MO.10 belonging to A1 under a Panchanama Ex.P20 and arrested both the accused. On 09.08.2015, PW.21 recorded statements of PW.11 & another and received the Wound Certificates of the accused issued by PW.17, on 27.08.2015, which were marked as Exs.P17 & 18. On receipt of the documents and after completing the investigation, PW.21 filed charge sheet. 5. In support of its case, the prosecution examined PW.1 to PW.21, marked Exs.P.1 to P.31 and exhibited MOs.1 to 10. 6 KSR, J & SRS, J Crl.A.No.1597 of 2018 6. When the accused were examined under Section 313 Cr.P.C., they denied the incriminating material appearing against them. 7. On behalf of defence, DW.1 was examined. Relying on the evidence of PW.1 & PW.12, learned Sessions Judge convicted the appellants as aforesaid. 8. Heard Sri G.Vijaya Saradhi, learned counsel for the appellants and Sri Marri Venkata Ramana, learned Additional Public Prosecutor. We have carefully perused and analyzed the entire evidence on record. 9. As seen from the material available on record, all the material prosecution witnesses did not support the prosecution and were declared as hostile. Prosecution mainly relied on the evidence of PW.1 and PW.12. PW.12 is none other than sister of PW.1. According to the prosecution, PW.1 & PW.12, along with the deceased, were present in front of their house, at the relevant point of time. 10. PW.1 & PW.12 in their evidence stated that at about 09:30 AM on 04.08.2015, both the accused left the house, to attend construction work. They further stated that at about 11:30 AM, both the accused came on motor cycle and took the deceased inside the house, to discuss something and left the house, within a short time. Having noticed the deceased did not come out of the house, both PW.1 & PW.12 went inside the house and found the deceased lying dead. 7 KSR, J & SRS, J Crl.A.No.1597 of 2018 11. Though PW.1 & PW.12 noticed the deceased dead at around 11:30 AM or 12:00 PM, they did not give any report to the Police. Instead of giving report to the Police, PW.1 sent for PW.4-MPTC Member. PW.1 & PW.12 further stated that PW.4 called A1 & A2 to the house, where the villagers quarreled with A1 & A2 and beat them. On seeing the commotion, PW.4 informed the Police about the incident, on which, Sub Inspector of Police came to the scene of offence and took both the accused into his custody and referred them to hospital. However, the said Sub Inspector of Police was not examined by the prosecution. 12. Thereafter, the Investigating Officer-PW.21, took up investigation, on the basis of information given by PW.20 and registered the Crime. As already pointed out, though the incident took place around 11:30 AM or 12:00 Noon, PW.1 did not choose to give report till 05:30 PM and the said FIR was received by the learned Magistrate at about 10:00 PM on the same day. Further, PW.1 in her evidence also admitted that the report was drafted by PW.4, as narrated by her and the Police. 13. Admittedly, both the accused were not present at the house at the relevant point of time. It is only after observing the dead body of the deceased, both the accused were summoned to the house. After PW.1 & PW.12 witnessed the accused entering into the house, they ought to have given a report to the Police, immediately. Further, according to the prosecution, the deceased was brought to the house by her parents because 8 KSR, J & SRS, J Crl.A.No.1597 of 2018 of Aashadamasam. If that is so, PW.1 & PW.12 would not allow A1 to enter the house because of Aashadamasam. The same was stated by PW.4 as well. It is only for that sentiment; the deceased was brought to her parents‟ house. PW.1 further admitted in her evidence, stating that she used to attend the cooli work and on 04.08.2015, she did not go for work, as she was not feeling well. 14. Be that as it may. Even PW.1 & PW.12 did not support the prosecution and they were cross-examined by the learned Public Prosecutor. Further, according to PW.21, the Investigating Officer, in his cross-examination, has admitted to the effect that “his investigation revealed that PW.7 alone is the witness to establish both the accused entering into the house of PW.1, at 11:30 AM on 04.08.2015”. But this PW.7 completely denied the same, in her evidence and she was also cross-examined by the learned Public Prosecutor. As stated earlier, all the material prosecution witnesses, including PW.1 & PW.12, did not support the prosecution and as such, there is no legal evidence to connect the appellants with the alleged offence. Admittedly, both the accused were not present in the village at the relevant point of time. It is only after receiving the telephone call both the accused came to the village, where they were beaten by the villagers. 15. In view of the above facts and circumstances, the conviction and sentence recorded by the learned Sessions Judge is not sustainable, as there is no legal evidence to connect the appellants with the alleged offence. 9 KSR, J & SRS, J Crl.A.No.1597 of 2018 16. In the result, the Criminal Appeal is allowed. The conviction and sentence recorded by the learned Sessions Judge, at Vizianagaram, in S.C.No.116 of 2016 dated 26.04.2018, under Sections 302 R/w 34 IPC and 498A IPC, is hereby set aside. As the appellants were granted bail by this Court vide I.A.No.01 of 2024 on 01.07.2024 in terms of Batchu Rangarao & Others v. State of A.P 1, the appellants/accused herein are directed to surrender before the concerned Court and complete the formalities. Consequently, interlocutory applications, if any, pending shall stand closed. ________________________ JUSTICE K.SURESH REDDY ___________________________ JUSTICE SUBBA REDDY SATTI Date: 27.10.2025 PSA 1 {2016(3) ALT (Criminal) 505 (AP)} 10 KSR, J & SRS, J Crl.A.No.1597 of 2018 HONOURABLE SRI JUSTICE K SURESH REDDY And HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CRIMINAL APPEAL No.1597 of 2018 (Per Hon’ble Sri Justice K.Suresh Reddy) Date: 27.10.2025 PSA