TANDRA RAVI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The appellant stands convicted for the offences punishable under Ss. 302, 376 read with Ss. 511 and 201 of the Indian Penal Code by the learned Sessions Judge, Warangal, by his judgment dated 29-4-1999 in Sessions Case No. 319/96, and sentenced to suffer imprisonment for life; R.I. for 5 years, and R.I. for 3 years respectively while directing all the sentences to run concurrently.

(2.) The gravamen of the charge against the appellant was that on 13-9-1995 at 2.00 p.m., in the outskirts of Kondai village, he caught hold of the deceased-Safia Begum, dragged her and made an attempt to molest her and that when she refused and tried to raise hue and cry, he pressed her neck with his hands intentionally or knowingly which resulted in the death of the deceased and he caused certain evidence of the said offence disappear by dragging the body of the deceased to nearby bushes, thereby he committed the offences punishable under Ss. 302, 376 read with Ss. 511 and 201 of the Indian Penal Code.

(3.) At the time of trial, the prosecution examined nine witnesses. The case of the prosecution, as unfolded by the testimony of the witnesses, in brief, may be stated thus. The accused and P.Ws. 1 to 4 are residents of Kondai village. The deceased was the daughter of P.W. 1 and was aged about 18 years. On 13-9-1995 at about 2.00 p.m., the deceased went to the village canal side in order to answer the calls of nature. As she did not return, P.W. 1, after having waited for an hour or two, went in search of the deceased. He found P.W. 2 and another fishing in the canal. When P.W. 1 enquired them about the deceased, P.W. 2 informed P.W. 1 that the deceased went towards the village canal to ease out. P.W. 1, therefore, proceeded in the same direction. Near the canal, P.W. 1 also found the accused waiting as he laid the net so as to catch birds. When P.W. 1 asked the accused about the deceased, he replied that he had not seen the deceased.