APHC010626552018 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE K SURESH REDDY THE HONOURABLE SRI JUSTICE A. CRIMINAL APPEAL NO: 2407/2018 Between: 1. SRI. BAPIREDDY CHENNA REDDY, (CONVICT PRISONER), NO.6519, CENTRAL PRISON, RAJAHMAHENDRAVARAM, EAST GODAVARI DISTRICT, A.P., 1. The State Of Andhra Pradesh, Rep. by Public Hyderabad. Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High Court may be pleased to Being aggrieved by the conviction for the offence Under Sec.302 of IPC 379 of IPC, recorded and sentence of life and to pay fine of Rs.1000/ years awarded by XIIIth Additional District and Sessions Judge, Narasaraopeta, Guntur District, A.P., in Session case No.126/2014, dt.22 2018. IA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to, pending disposal of the CrI.Appeal, enlarge the Petitioner/Appellant on bail afte 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CRIMINAL APPEAL NO: 2407/2018 SRI. BAPIREDDY CHENNA REDDY, (CONVICT PRISONER), NO.6519, CENTRAL PRISON, RAJAHMAHENDRAVARAM, EAST GODAVARI DISTRICT, A.P., ...APELLANT AND The State Of Andhra Pradesh, Rep. by Public Prosecutor, High Court, at ...RESPODENT Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High Court may be pleased to Being aggrieved by the conviction for the offence Under Sec.302 of IPC 379 of IPC, recorded and sentence of imprisonment for life and to pay fine of Rs.1000/- and rigorous imprisonment for a period of 3 years awarded by XIIIth Additional District and Sessions Judge, Narasaraopeta, Guntur District, A.P., in Session case No.126/2014, dt.22 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to, pending disposal of the CrI.Appeal, enlarge the Petitioner/Appellant on bail after suspending the operation of the sentence IN THE HIGH COURT OF ANDHRA PRADESH [3566] THE HONOURABLE SRI JUSTICE K SURESH REDDY HARI HARANADHA SARMA SRI. BAPIREDDY CHENNA REDDY, (CONVICT PRISONER), NO.6519, CENTRAL PRISON, RAJAHMAHENDRAVARAM, EAST ...APELLANT Prosecutor, High Court, at ...RESPODENT Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High Court may be pleased to Being aggrieved by the conviction for the offence imprisonment for and rigorous imprisonment for a period of 3 years awarded by XIIIth Additional District and Sessions Judge, Narasaraopeta, Guntur District, A.P., in Session case No.126/2014, dt.22-3- Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to, pending disposal of the CrI.Appeal, enlarge the r suspending the operation of the sentence 2 awarded in Sessions Case No.126/2014, dt.22-3-2018 on the file of XIII Addl. District and Sessions Judge, Narasaraopet, Guntur District by imposing any condition and pass IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the execution of sentence passed in S.C.No. 126 of 2014 on the file of the XIII Addl. District and Sessions Judge, Narasaraopet dated 22.03.2018 and enlarge the Petitioner/ Sole Accused on bail pending disposal of Criminal Appeal No. 2407 of 2018 before this Hon'ble Court in the interest of justice. Counsel for the Appellant: 1. A SWARUPA REDDY 2. - Counsel for the Respondent: 1. PUBLIC PROSECUTOR (AP) The Court made the following: 3 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI TUESDAY,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX SPECIAL DIVISION BENCH PRESENT HONOURABLE SRI JUSTICE K SURESH REDDY And THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CRIMINAL APPEAL No.2407 of 2018 JUDGMENT: (Per Sri Justice K. Suresh Reddy) Sole accused in Sessions Case No.126 of 2014 on the file of the XIII Additional District and Sessions Judge, Narasaraopet, dated 22.03.2018 is the appellant. He was tried by the learned Additional Sessions Judge, Narasaraopet under the following charges: (i) First charge was under Section 302 IPC (ii) Second charge was under Section 379 IPC 2. Substance of the charge is that on the night of 07.01.2012, at about 9.00 a.m., the accused went to the house of his brother on his motor cycle bearing No.AP 7 BC 3560, situated at Vidya Towers, Bank street, Narasaraopet, entered into Flat No.302 and asked his sister-in-law, by name Bapireddy Padma (hereinafter referred to as ‘the deceased’) to arrange an amount of Rs.1,00,000/- and when she refused the accused attacked her with a knife – MO.24 causing her death. In the same process, he committed theft 4 of jewellery, cash etc.(M.Os. 1 to 13), worth about Rs.10,00,000/- from the iron safe, thereby committed offences punishable under Sections 302 and 379 IPC. 3. After completion of trial, the learned Additional Sessions Judge convicted the accused/appellant under Section 302 IPC and sentenced him to suffer Imprisonment for “LIFE” and also to pay a fine of Rs.1000/-, in default to undergo Simple Imprisonment for a period of three (3) months. The learned Additional Sessions Judge further convicted the accused/appellant under Section 379 IPC and sentenced him to suffer Rigorous Imprisonment for a period (3) years. Both the substantive sentences were directed to run concurrently. 4. Case of the prosecution, briefly, is as follows: (i) The accused as well as the material prosecution witnesses are residents of Narasaraopet town. The deceased was also resident of same town. PW.1 is none other than the elder brother of the accused. The deceased is the wife of PW.1, who is carrying on jewellery business under the name and style of Siva Sai Jewelers, situated at Sivunibomma center, Narasaraopet. PW.1 along with the deceased was staying in Flat No.302, Vidya towers, Arundalpet, Narasaraopet and they were blessed with two sons, who are prosecuting their studies at Vijayawada. (ii) PW.2 is none other than the brother of the deceased. The accused having addicted to bad vices, indulged in gambling and he was 5 involved in a case in Cr.No.196 of 2011 under Section 3 and 4 of A.P. Gaming Act, Narasaraopet, I Town Police Station. (iii) In the month of May 2011, the accused married- LW.7/Divya. Even after his marriage, the accused did not change his attitude and he decided to take the financial assistance of his brother PW.1, as he was well settled in business. (iv) While so, on 07.01.2012 at about 9.00a.m., in the absence of PW.1, the accused went to the flat of his brother- PW.1 on his motor bike, bearing No.AP 7 BC 3560. He demanded the deceased to arrange an amount of Rs.1,00,000/- as a loan for the purpose of business, for which the deceased refused. In that connection there was an argument between the accused and the deceased. It is said that the deceased went inside the kitchen and brought a knife, there after there was a scuffle between both of them. The accused forcibly pulled the knife from the hands of the deceased and stabbed her indiscriminately, who died instantaneously. (v) In the same process, accused also received an injury on his left hand. After killing the deceased, the accused took away the entire gold jewellery and cash worth Rs.10,00,000/- from the almarah and other places. He washed blood stained cloths and changed his dress by wearing a lungi and T- shirt belonging to PW.1. (vi) The accused kept some gold jewellery in his house, and took away gold jewellery marked as M.Os.11 to 13 along with cash of Rs.70,000/-. He went to Medarametla, kept the motor cycle at the cycle stand of PW.8 and 6 went to Tirupathi, pledged M.Os.11 to 13 in the Manappuram Gold Finance Limited Finance Limited, R.C. Road, Tirupathi, where PW.9 is working as area manager. (vii) As the deceased did not respond to the calls of PW.1, he requested his brother-in-law- PW.2 to go to his house and verify why the deceased was not responding to his calls. Immediately, in the evening of 07.01.2012, PW.2 went to the flat of PW.1 and enquired the wife of watchman- PW.3, who informed him that the accused came to the flat between 9.30a.m. and 10.00 a.m. wearing with a pant and shirt and left the flat wearing a lungi and T-shirt. Immediately, PW.2 entered into the flat and found the deceased lying dead in a pool of blood. He also found the alamarahs of the house were opened with articles in a pell-mell condition. Immediately he telephoned PW.1 and informed about the death of the deceased. Thereafter at about 10.00 p.m. PW.1 reached Narasaraopet and found the dead body in a pool of blood. PW.1 went to the Police Station and gave report at about 00.40hrs on 08.12.2012. (viii) PW.10 – the Sub-Inspector of Police, Narasaraopeta, I Town Police Station, received Ex.P1 report from PW.1 and registered a case in Cr.No.07 of 2012 under Sections 302 and 380 IPC. He issued copies of F.I.R. to all the concerned. F.I.R. was marked as Ex.P13. (ix) On 08.01.2012 at about 2.00 a.m., PW.11- Inspector of Police having received the information from PW.10 took up investigation. Immediately he rushed to the scene of offence situated at flat No.302, Vidya 7 Towers and found the dead body of the deceased. He called the clues team from Guntur. He secured the presence of mediators – PW.4 and another. At about 5.00 a.m., the clues team from Guntur reached the scene of offence and collected the blood samples and chance prints. He prepared an observation report in the presence of mediators –PW.4 and another under Ex.P2. He also seized M.O.14-shirt button, M.O.15-blood stained shirt, M.O.16-blood stained pant of the accused and M.O.17-blood stained towel, under Ex.P2 in the presence of mediators. He also prepared a rough sketch –Ex.P14 at the scene of offence. The clues team took photographs of the scene of offence including the dead body of the deceased under Ex.P15 and Ex.P16. He held inquest over the dead body in the presence of PW.4 and another. Inquest report is marked as Ex.P3. During the inquest, he recorded statements of witnesses- PW.1, PW.2, PW.3 and others and shifted the dead body to the Government Hospital for Postmortem Examination. (x) PW.6 – the Civil Assistant Surgeon, Government Area Hospital, Narasaraopet has conducted autopsy over the dead body of the deceased. He opined the cause of death was due to Shock and hemorrhage due to multiple stab injuries. He issued Post Mortem Certifciate-Ex.P11. (xi) After inquest, PW.11 along with mediators –PW.4 and another proceeded to the house of accused bearing No.11-12-43/3, Andhra Bank Road, Ramireddypet, Narasaraopet and found the accused absconding. He recorded the statement of wife of the accused –LW.7/B.Divya, who stated that there was an injury on the left hand of the accused. PW.11 prepared an 8 observation report at the house of accused under Ex.P4, where he found the blood stains in the house of the accused and seized blood stained hands banian- M.O.20, Ash colour T-Shirt –M.O.21, Lungi – M.O.22 and also seized M.O.18- three pieces of floor and M.O.19- control piece of floor in the presence of P.W.4 and another under a Panchanama. He sent the seized material objects to RFSL through SDPO, Narasaraopet. Further investigation was taken over by P.W.12- Inspector of Police. (xii) On 25.07.2012 on credible information, P.W.12 went to the house of the sister of the accused situated at Ramireddypet and apprehended the accused in the presence of P.W.4 and another. The accused confessed about the commission of offence and informed him that he will show the jewellery belonging to the deceased under Ex.P5 and Ex.P6. On the basis of confession PW.12 recovered M.Os.1 to 10 from the house of the accused in the presence of mediators P.W.4 and another. The accused also confessed stating that he pledged three more gold ornaments through LW.10- S.Sekhar Babu at Manappuram Gold Finance Limited, Tirupathi. He seized Ex.P17- receipt from the possession of the accused. The accused also produced MO.24- blood stained knife, which was seized by PW.12 under Ex.P7, in the presence of mediators. On the same day, the accused lead PW.12 and the mediators to the APSRTC bus stand, Medarametla, Prakasam District, where PW.12 seized MO.23-bike from the parking stand under Ex.P8-mediaors report. He also recorded the statement of PW.8 – clerk working in the said cycle stand. 9 (xiii) As the accused sustained injury on his left hand in the course of the same transaction, a scar was found on his hand; P.W.12 sent him for medical examination to Area hospital and obtained a certificate from P.W.7- Medical Officer under Ex.P12. Thereafter, the accused was remanded to judicial custody. (xiv) On 01.08.2012 PW.12 along with mediators PW.4 and PW.5 proceeded to Manappuram Gold Finance Limited, Tirupathi and seized Mos.11 to 13 under a Mediators report –Ex.P10. The Area Manager, Manappuram Gold Finance Limited, Tirupathi was examined as PW.9. On 02.08.2012 P.W.12 got conducted the Test Identification Parade of the property through mediators P.W.4 and others, in which P.W.1 identified Mos.1 to 13. Panchanama pertaining to the Test Identification proceedings was marked as Ex.P9. (xv) RFSL reports are marked as Exs.P18 and P19. After receiving all the documents and after completion of investigation PW.12 filed charge sheet. 5. In support of its case, prosecution examined PWs.1 to 12 and got marked Ex.P1 to P19 and exhibited MOs.1 to 24. 6. When the accused was examined under Section 313 Cr.P.C., he denied the incriminating evidence appearing against him from the prosecution witnesses. 10 7. Accepting the evidence of prosecution witnesses, the learned Additional Sessions Judge, convicted and sentenced the accused as aforesaid. 8. Heard Smt. A. Swarupa Reddy, learned counsel for the appellant as well as Sri Marri Venkata Ramana, learned Additional Public Prosecutor for the respondent-State. 9. Learned Counsel for the appellant contends that there are no eye witnesses to the alleged incident and the prosecution rests its case on circumstantial evidence. She further contended that the chain of circumstances leading to the guilt towards the accused alone has not been established by the prosecution. She further contends that even if the entire prosecution case is accepted, the offence would not fall under Section 302 IPC as the incident was preceded by a quarrel between the accused and the deceased. She further contends that there was no premeditation on the part of the accused to kill the deceased. It is only when the deceased went into the kitchen and brought a knife, the accused snatched the knife from the deceased and attacked her as such she requests this Court to convert the conviction from Section 302 IPC to Section 304 IPC. 10. On the other hand, learned Additional Public Prosecutor opposed the appeal, contending that all the circumstances relied on by the prosecution points out the guilt towards the accused alone but none others. He further contends that the offence committed by the accused squarely falls under Section 302 IPC, as there was no provocation from the deceased to attack 11 her. He further contends that the accused inflicted as many as 17 fatal blows on the vital parts of the deceased as such he cannot take shelter under Section 304 IPC. He further states that if the accused had no intention, he ought not to have inflicted so many fatal injuries on the deceased. As such he sought for dismissal of the appeal confirming the conviction and sentence recorded by the learned Additional Sessions Judge. 11. We have carefully scrutinized the entire evidence on record. 12. P.W.1 is none other than elder brother of the accused. Deceased is wife of PW.1. PW.1 in his evidence has stated that on the morning of 07.01.2012 at about 07.30 a.m., he left the house, went to Tiruvuru, Krishna District on his business purpose. He further stated in his evidence that between 12.30 p.m. and 1.00 p.m., PW.1 called his wife over phone, but it was in switched-off mode. He further stated in his evidence that he tried to contact the deceased over phone till 5 p.m. on that day but in vain, as her mobile phone was switched off. Between 06.30 and 07.00 pm on that day he called his brother-in-law – PW.2 and enquired him whether his sister came to them, for which he told that she did not visit them. Then PW.1 asked P.W.2 to go to his flat and verify about the deceased. Around 9.00 or 09:30 p.m. on the same day, P.W.2 went to the flat of P.W.1 and found the dead body of the deceased by the side of the bed in the bed room. 13. Immediately, PW.2 informed PW.1 about the death of the deceased. PW.2 also informed PW.1 stating that all the almarahs in the house were opened and the jewellery kept in the boxes was also missing and 12 he found empty jewellery boxes in pell-mell condition. Immediately PW.1 rushed to his flat and found the deceased in a pool of blood and thereafter, PW.1 enquired the wife of watchman –PW.3 who disclosed that around 9.30 to 10.00 a.m. the accused came to the flat of PW.1 and found he was talking to the deceased. P.W.3 in her evidence specifically stated that the accused came to the house of PW.1 wearing pant and shirt and while going he went wearing lungi and T-shirt. Said factum of PW.3 disclosing about the accused coming in wearing pant and Shirt and going out with lungi and T-shirt was also found in the earliest report –Ex.P1 given by PW.1. 14. PW.4 is a mediator for arrest of the accused and seizure of M.Os.1 to 13. He is also a witness for inquest and observation apart from other the witnesses. 15. PW.5 is a mediator for Ex.P10 for seizure of M.Os.11 to 13 at Manappuram Gold Finance Limited, Tirupathi. 16. PW.6 is the Doctor, who conducted autopsy over the dead body. P.W.7 is the Doctor, who examined the accused and issued wound certificate- Ex.P12. 17. PW.8 is the person who was working as clerk at Cycle Stand situated at APSRTC Bus Stand, Medarametla where the accused parked his bike under MO.23. PW.9 is the Area Manager, Manappuram Gold Finance Limited, Tirupathi, where P.W.12 seized Mos.11 to 13. 13 18. PW.10 is the Sub Inspector of the Police, who registered the crime. PW.11 and 12 are the investigating officers. 19. PW.12 in his evidence has categorically stated that on 25.07.2012 on credible information he went to the house of the sister of the accused along with mediators PW.4 and another, apprehended the accused. PW.12 and PW.4 in their evidence further stated that at the instance of the accused M.Os.1 to 10 were recovered from the house of the accused and Mos.11 to 13 were recovered from Manappuram Gold Finance Limited, Tirupathi. PW.12 and PW.4 in their evidence have further stated that they have also seized Ex.P17 – receipt of Manappuram Gold Finance Limited, Tirupathi from the possession of the accused. They further stated that M.O.24 –blood stained knife was also recovered from the house of the accused under Ex.P7- mediators report. They further stated that the bike belonging to the accused marked as MO.23 was also recovered from the cycle stand of PW.8 under Ex.P8. 20. Further, in the property Test Identification Parade conducted by PW.12 PW.1 identified Mos.1 to 13 in the presence of PW.4 and another. As seen from Ex.P1-report, PW.1 stated that he came to know through PW.3 about the accused visiting the house wearing a pant and shirt and going out from the flat wearing lungi and T-shirt. Further all the articles under Mos.1 to 13 were recovered at the instance of accused. As such all the circumstances relied upon by the prosecution consistently established the guilt of the accused, beyond reasonable doubt. 14 21. Having carefully analyzed the entire evidence on record, we have no hesitation to come to the conclusion that, the prosecution could able to prove the guilt of the accused beyond reasonable doubt. Further, MOs.1 to 13 were recovered from the possession of the accused, and that the accused sustained an injury during the same transaction by examining PW.7- Doctor. As such all the circumstances relied on by the prosecution consistently established the guilt of the accused, beyond reasonable doubt. 22. In this connection, it is trite that the Hon’ble Apex Court in a catena of judgments including the decision in Sharad Birdhichand Sarda v. State of Maharashtra1, has laid down five (5) golden principles, which govern a case based only on circumstantial evidence: “(1) The circumstances from which the conclusion of guilt is to be drawn should be fully established. (2) The facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty. (3) The circumstances should be of a conclusive nature and tendency. (4) They should exclude every possible hypothesis except the one to be followed, AND (5) There must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused.” 1 (1981) 4 SCC 116 15 23. In view of the facts and circumstances, in the case on hand, the prosecution has proved the guilt of the appellant/accused beyond reasonable doubt and there are no grounds to interfere with the conviction and sentence recorded by the learned Additional Sessions Judge, even for converting the offence into 304IPC. 24. In the result, the present Criminal Appeal is dismissed confirming the conviction and sentence recorded by the learned XIII Additional District and Sessions Judge, Narasaraopet in Sessions Case No.126 of 2014, dated 22.03.2018. 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 A.HARI HARANADHA SARMA Date:20.01.2026 Pnr 16 167 HONOURABLE SRI JUSTICE K SURESH REDDY And THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CRIMINAL APPEAL No.2407 of 2018 (Per Hon’ble Sri Justice K. Suresh Reddy) Date: 20.01.2026 Pnr