GOLUSULA ELLAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 19.3.2002 of the Andhra Pradesh High Court in Criminal Appeal No. 1571/1999. affirming the judgment of the first Additional Sessions Judge, Ranga Reddy District in S.C. No. 378/1997, convicting the appellant under Sections 302 and 201 IPC. The appellant has been sentenced to undergo imprisonment for life for an offence under Section 302 IPC and imprisonment for 3 years for the offence under Section 201 IPC; both the sentences to run concurrently.

(2.) On 25.6.1996 at about 10.30 p.m., the accused lodged a complaint with Shamshahad Police Station. In brief, its contents were : He and his wife Ponnamma were returning from Chalivendragudem village where Ponnammas parents were living. They halted at Shamshabad for his wifes medical check-up at an hospital and thereafter proceeded on foot towards their village (Kothwalguda). At about 9 p.m. when they were passing near HUDA colony, four persons accosted them. Two of them started beating him, while the other two dragged his wife towards the bushes. He managed to escape and ran to his village and informed his elder brother and other villagers. When he returned to the spot along with his brother and other villagers, he found his wife lying in an unconscious state and her ornaments were missing (that is, half a tola of gold gundlu, half tola of gold ear studs and 35 tolas of silver anklets). She was declared dead when she was taken to a doctor.

(3.) The above complaint was registered as Crime No. 130/96 under Sections 302 and 379 IPC. A panchnama was drawn at the scene of occurrence and an inquest was held and the investigation was taken up. On 30.6.1996, the parents of the deceased approached the Investigating Officer and expressed a suspicion about the accused. The IO found that the accused had absconded after the incident. He was apprehended in his village on 3.7.1996 and brought to the Police Station, where he gave a voluntary confessional statement (Ex. P-4) in the presence of Panch witnesses. It came to light that the accused had pledged the silver anklets (MO-2) of the deceased on 15.6.1996, the gold ear studs (MO-3) on 18.6.1996 and the gold gundlu that is a string of 39 gold beads (MO-1) on 25.6.1996 with a moneylender at Shamshabad, namely, Sampathraj (PW-4). In pursuance of the information furnished by the accused, the IO seized the ornaments (MOs. 1, 2 and 3) as also pawn receipt books containing the duplicate of pawn receipts being Exhibits P-1, P-2 and P-3 from PW-4, and his statement was recorded. The accused also took the IO and the Panch witnesses to his house and produced the pledge Receipt No. 8864 dated 15.6.1996 and Receipt No. 8882 dated 18.6.1996 relating to the silver anklets and gold ear studs.