THADEPALLI SRINIVASA MURTHY Vs. STATE OF AP

JUDGEMENT

(1.) The accused in this case is husband of the deceased Kalpana who was killed inside their flat No. 402 of Vijaya Towers of Visakhapatnam. The deceased was found dead on 15.04.2004 in Kitchen room at about 4.30 p.m when children including Yesoda Sai Sree (P.W.4) went there to watch Cartoon Net work T.V. Immediately those children informed the same to P.W.3 who was resident of flat No. 401. Immediately P.W.3 and other neighbours took the deceased to R.K. Hospital where the doctor declared that she was brought dead. So, body of the deceased was brought back to Vijaya Towers and was kept in cellar of the apartments. The deceased was having ligature mark on her neck. In the meanwhile, the accused came there on information. P.W.5 who is resident of flat No. 306 and others advised the accused to report the matter to the police. According to P.W.5, the accused requested them not to intensify the incident as his elders were coming and they were look after the matter, and when they insisted the accused to report the matter or otherwise they would themselves report the matter to the police, the accused reported the matter to the police. P.W.11 is the then Sub Inspector of Police, Gajuwaka (Law & Order) Police station. On 15.04.2004 at about 8.00 p.m, P.W.11 received Ex.P-15 report from the accused and registered the same as case in Crime No. 98 of 2004 under Section 174 Cr.P.C. and issued Ex.P-16 F.I.R. P.W.11 took up investigation in this case. He observed scene of the offence in the presence of mediators including P.W.7 under cover of Ex.P-4 observation report. He prepared P-17 rough sketch of scene of the offence. He sent dead body of the deceased to mortuary of K.G. Hospital, Visakhapatnam. Mandal Revenue Officer (P.W.12) conducted inquest on dead body of the deceased in the presence of panch witnesses P.W.3 and P.W.7 under cover of Ex.P-3 inquest report. P.W.9 who is Professor and Head of the Department of Forensic Medicine, K.G. Hospital, Visakhapatnam held autopsy on dead body of the deceased on 16.04.2004 from 2.10 p.m onwards along with another Professor and they issued Ex.P-13 post-mortem certificate noting the following ante-mortem injuries on her dead body:

(2.) They opined that deceased appeared to have died of asphyxia due to ligature strangulation. After receiving postmortem certificate, P.W.11 altered Section of law in F.I.R from Section 174 Cr.P.C to Section 302 IPC and issued Ex.P-18 altered F.I.R. Subsequent investigation was taken up by the then Inspector of Police, Gajuwaka circle (P.W.13). On 23.04.2004 he arrested the accused in the presence of mediators and interrogated him and the accused is stated to have given statement and lead the police party to his house at his flat and produced M.O. 4 cell phone wire with charger and plat form which was seized by the police under cover of Ex.P-14 relevant portion in mediators report. After completing investigation, P.W.13 filed charge sheet against the accused before the VIII Metropolitan Magistrate, Visakhapatnam Who registered the same as P.R.C. No. 8 of 2004 and committed the same to the Court of Session, Visakhapatnam. The Sessions Judge, Mahila Court, Visakhapatnam, during trial, examined P.Ws. 1 to 13 and marked Ex.P-1 to P-19 and M. Os. 1 to 4 on behalf of the prosecution. Ex.D-1 letter was marked on behalf of the accused. Plea of the accused is one of the total denial. The Sessions Judge convicted the accused under Section 302 IPC and sentenced him to imprisonment for life and fine of Rs. 5,000/-. Hence, this appeal by the accused.

(3.) At the out set it may be noted that there are no eye witnesses to the occurrence. The prosecution relies on circumstantial evidence and more particularly, last seen theory. The alleged statement of the accused said to have been given to the police during his alleged interrogation after his arrest, is irrelevant and inadmissible in evidence except to the extent of Ex.P-14 saved by Section 27 of the Indian Evidence Act.