BANDARU RAMESH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The appellant has challenged the judgment and order dated 15.12.2006, passed by High Court of Judicature, Andhra Pradesh at Hyderabad whereby said Court has dismissed the appeal, affirming the conviction and sentence recorded by the First Additional Metropolitan Sessions Judge, Hyderabad, against appellant Bandaru Ramesh relating to offences punishable under Sections 302, 380 and 411 of Indian Penal Code (IPC).

(2.) We have heard learned counsel for the parties and perused the documents on record.

(3.) Prosecution story succinctly is that appellant Bandaru Ramesh is cousin of Rajnikanth (deceased). On 01.09.2001 at about 6.00 p.m. the appellant went to the house of the deceased and they slept in a hall. On the next day at about 9.00 a.m. B. Laxmi Bai, mother of Rajnikanth went to market to purchase vegetables and returned at about 10.00 a.m. At that point of time she noticed that her son Rajnikanth was not there. She enquired about her son from the appellant, on which he informed that he has sent him (deceased) to bring 'Paan' (betel). When Rajnikanth did not return till noon, B. Laxmi Bai along with the appellant, started search of her son. She came back at about noon. Thereafter, she made search alone and left keys of house with the appellant. When till 6.30 she could not trace her son, she came back to her house but found that the appellant had gone with keys, and the house was locked. Thereafter she went to Police Station, Mangalhat, and gave complaint (Exh. P-1). On the basis of said complaint Crime No. 245 of 2001 was registered. At about 7.30 p.m. police came to her house and broke open the door of the house, keys of which were with the appellant. During search police noticed a blanket under the cot and when the same was removed, it was found that Rajnikanth was lying dead. At that point of time PW-1 B. Laxmi Bai attempted to talk to her brother, but failed as the chord of the telephone connection was found cut. The police took the dead body of Rajnikanth in its possession and after preparing the inquest report, sent the same to Osmania Hospital Mortuary. On instructions of police PW-1 B. Laxmi Bai opened the almirah and it revealed that the cash of Rs. 80,000.00, pair of gold 'Kankanas', one gold chain and one gold ring were missing.