SIRNAPALLY SWAMY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS criminal appeal, filed under Section 374(2) of the Code of Criminal Procedure, 1973, is directed against the judgment, dated 10.11.2006, passed in SC No.128 of 2006 on the file of IV Additional District and Sessions Judge (Fast Track Court-I) at Siddipet, whereunder and whereby the appellant-sole accused was found guilty of the offences punishable under Sections 302 and 379 IPC and accordingly, (convicted and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.500/-, in default to suffer simple imprisonment for month for the offence punishable under Section 302 IPC, and also to suffer rigorous imprisonment for one year for the offence punishable under Section 379 IPC. Both the sentences were directed to run concurrently.

(2.) THE brief facts of the case that are necessary for disposal of this criminal appeal may be stated as under: PW1 is the son, PW2 is the daughter-in- law, PW3 is the husband, PW4 is the neighbour and PW5 is the nephew of the deceased. PWs.6 and 7 are the workers in Rama Pawn Brokers Shop. PWs.8 and 9 are the panch witnesses. PW10 is the surety to the accused. PW11 is the mediator. PW12 is the photographer. PW13 is the Sub-Inspector of Police, who registered the crime. PW14 is the Investigating Officer and PW15 is the doctor who conducted post-mortem examination on the dead body of the deceased. THE accused is a resident of Markook Village of Mulugu Mandal. He was working as Helper in electricity works. While so, on 20.12.2005, in between 1 and 1.30 p.m., the accused entered into the house of one Paindla Agamma (hereinafter referred to as "the deceased") and after noticing that she was alone, he beat her with a pestle on her head and on her face and committed theft of gold gundlu and gold ganteelu from her and went away from that place. PW4 having found the deceased with injuries, went and informed the same to PW1-the son of the deceased, who was working in his agricultural land. THEn, PW1 along with his wife and other relatives rushed to the house and found his mother dead with injuries and the gold jewels worn by her were also found missing. On the same day, he gave a report to the Sub-Inspector of Police, Mulugu, who, in turn registered the same as a case in Crime No.59 of 2005 for the offences punishable under Sections 302 and 379 IPC and took up the investigation. During the course of investigation, the police recorded the statement of PW1, conducted the panchanama of the scene of occurrence, seized the bloodstained earth, pestle and bed cover from the scene of offence, conducted inquest on the dead body of the deceased, sent the dead body of the deceased to post-mortem examination. Subsequently, on 23.12.2005, at about 10 hours, the accused was apprehended in his house and on interrogation, he admitted his guilt and led the police personnel and the mediators to the shop where the articlesarticles-MOs.1 and 2 were pledged. After completion of the investigation, the charge- sheet was filed against the accused for the offences punishable under Sections 302 and 379 IPC.

(3.) THE trial Court accepting the evidence of PWs.5, 7, 10 and 11 coupled with the evidence of the Investigating Officer-PW14 found the accused guilty of the charges levelled against him, as the circumstantial evidence adduced by the prosecution established the guilty of the accused beyond all reasonable doubt and accordingly, convicted and sentenced him, as stated supra.