UPPALA BIXAM @ BIXMAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal arises out of judgment and order dated 3rd July, 2015 passed by the High Court of Punjab and Haryana at Chandigarh in Andhra Pradesh at Hyderabad in Criminal Appeal NO.479 of 2004 in and by which the High Court has affirmed the conviction of the appellant under Section 302 I.P.C. and also Section 201 I.P.C. and sentence of life imprisonment imposed upon him.

(2.) As per prosecution case, on 27.01.2000, deceased-Ramesh, a shepherd, took his 19 sheep for grazing in the outskirts of Beebigudem village; but did not return home. On 28.01.2000, while PW-1 and his family members were searching for the deceased, they found three sheep in possession of Shaik Naseem (PW 9) who informed them that Lingaiah (PW-5) had sold him those sheep. When they made enquiries from Lingaiah (PW-5), whereupon he informed them that the appellant-Uppala Bixam had sold those sheep by receiving an advance of Rs. 100/- from him. On 29.01.2000, appellant-accused was arrested and a case registered against him under Section 379 of the Indian Penal Code. In course of investigation the appellant allegedly confessed to the crime of murdering the deceased, after which a Case was registered against the accused under Sections 302/201 I.P.C. as well. It is the case of the prosecution, based on the confessional statement made by the appellant-accused, that the dead body of the deceased was recovered from under a culvert.

(3.) Upon consideration of the evidence, in particular, the evidence of recovery of the sheep and that recovery of the dead body of the deceased-Ramesh on the basis of the alleged confessional statement of the appellant (which had been denied by the appellant under Section 313 of the Criminal Procedure Code), the Trial Court convicted the appellant under Section 302 I.P.C. and sentenced him to undergo life imprisonment. For the conviction under Section 201 I.P.C. the appellant was sentenced to undergo imprisonment for a period of six months. The conviction and sentence of imprisonment of the appellant was affirmed by the High Court.