PATHAN FATHIMA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is heard with special leave petition (Crl.) No. 2479 of 1989 because both are filed against the common judgment dated 19-8-89 passed by the Andhra Pradesh High Court in Criminal Appeal No. 31/89 and Criminal Appeal No. 32/89. Criminal Appeal No. 31/89 was preferred by accused No. 3 namely the appellant in Criminal Appeal No. 716/92 before this Court and Criminal Appeal No. 32/89 was preferred before the High Court by accused Nos. 2 and 3 against their conviction passed by the learned Sessions Judge. The High Court by the aforesaid judgment dated 19-8-89 confirmed the conviction and sentence passed against accused No. 3 namely the appellant in Criminal Appeal No. 716/92 and the petitioner in Special Leave Petition (Crl.) No. 2479/89 by dismissing their appeals. But Criminal Appeal No. 32/89 was allowed in part by the High Court by acquitting accused No. 2.

(2.) Four accused persons were tried before the learned Sessions Judge, Nellore in Sessions Case No. 17/88 for various offences including conspiration and causing the murder of one Pathan Mahaboob Khan alias Basheer on the night of 20th and 21st May, 1986. The learned Sessions Judge, inter alia, came to the finding that accused No. 1 and accused No. 2 murdered the said Basheer and accused No. 3 actively participated in causing the said murder. Accordingly, the learned Sessions Judge convicted accused No. 1 and accused No. 2 on the charge of murder of said Basheer and also convicted accused No. 3 under Section 302 read with Section 34, IPC for active participation in committing the said murder. The learned Sessions Judge also convicted the accused Nos. 1 and 3 under Section 120-B, IPC, for conspiring to murder the deceased and the learned Sessions Judge also convicted accused. Nos. 1 and 2 under Section 449, IPC for having trespassed into the house of the deceased in order to commit the murder of the deceased. The forth accused however, was not found guilty of the offence under Section 202, IPC and she was acquitted by the learned Sessions Judge. As aforesaid, the accused Nos. 1 and 2 preferred Criminal Appeal No. 32/89 before the High Court against their conviction and accused No. 3 preferred Criminal Appeal No. 31/89 against her conviction. But the High Court acquitted accused No. 2 but confirmed the conviction and sentence passed against accused Nos. 1 and 3. It may be stated here that this is a case of murder established by circumstantial evidence.

(3.) According to the courts below the prosecution had led unimpeachable evidence clearly establishing the circumstances which make a complete chain of events from which the only irresistible conclusion could be drawn about the commission of offences charged against the appellants i.e. the accused No. 1 and accused No. 3 had committed the murder of the deceased between the night of 20th and 21st May, 1986. There is convincing evidence given by the neighbours namely P.Ws. 8 and 9 that on the fateful night they heard loud cries of the deceased and P.W.9 had seen from his own house which is just at the back of the house of the deceased that the deceased was lying on the ground and accused No. 3 namely the wife of the accused was holding his legs. He also noticed two other persons standing near the door inside the house of the deceased. P.W. 8 mother of P.W. 9 also noticed that two persons are standing near the door when she and her son got up after hearing cries of the deceased. There is also the evidence of P.W. 10 who is another neighbour residing just across the road. It transpires from the evidence of P.W.10 that he had seen accused Nos. 1 and 2 coming out of the house shortly after the said murder was committed and they were seen off by accused No. 3. There is also evidence by P.Ws. 1, 2, 3 and 4 that accused No. 3 made extra-judicial confession before them about the commission of the said murder by accused Nos. 1 and 3. There is also the evidence of P.W.13, the daughter of the deceased. P.W.13 stated that on the fateful night when she got up to drink water she found the presence of accused No. 1 and accused No. 2 in their house and although her father had gone to sleep on a cot at the backside of the house, she found the cot was empty and on enquiry the mother told her that the father had gone to some other place in the early morning. She also stated that she found blood-stains in the kitchen and on enquiry the accused No. 1 had stated that he was cutting the onion to help her mother and by that process he cut his thumb on account of which blood came out. The accused No. 1 had also showed her his injured thumb. She also stated that she heard accused No. 1 telling her mother that they killed her father. When on hearing this she and her brother cried, accused No. 1 threatened them that they should also be killed if they would talk about it. From the said evidence it clearly transpires that at the time of the incident, accused Nos. 1 and 2 were present in the house along with accused No. 3 and P.W. 13 heard accused No. 1 saying that he had murdered her father. This part of the evidence clearly gets support from the extra-judicial confession made by accused No. 3 which was also proved by P.Ws. 1, 2, 3 and 4. The High Court has given benefit of doubt to accused No. 2 and has acquitted the said accused. But the High Court has accepted the conviction and sentence passed by the learned Sessions Judge so far as accused Nos. 1 and 3 are concerned and has given cogent reasons as to how the circumstances establishing the complicity of the said accused in committing the murder were proved beyond all reasonable doubts.