LAWS(SC)-2008-7-40

KUSUMA ANKAMA RAO Vs. STATE OF ANDHRA PRADESH

Decided On July 07, 2008
KUSUMA ANKAMA RAO Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of a Division Bench of the Andhra Pradesh High Court upholding the appellant's conviction for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the 'IPC') for committing murder of one Gottapu Adilakshmi (hereinafter referred to as the 'deceased') by strangulating her with a towel on 22.2.2001. Learned VI Additional Sessions Judge (Fast Track Court), Machilipatnam had found the accused guilty and convicted and sentenced him to imprisonment for life and fine.

(2.) Prosecution case as unfolded during trial is as follows :

(3.) In support of the appeal, learned counsel for the appellant submitted that the last seen concept is not applicable to the present case. The so-called extra-judicial confession was before a stranger. There is no reason as to why the accused would make confession before a stranger. Reliance is placed on a decision of this Court in State of Haryana v. Ved Prakash (AIR 1994 SC 468) and Kailash Potlia v. State of Andhra Pradesh (AIR 1996 SC 66).