PUBLIC PROSECUTOR Vs. M PENCHALAIAH

JUDGEMENT

(1.) THIS appeal by the Public Prosecutor is from the judgment of the learned Sessions Judge, Nellore in Sessions Case No: 207 of 1989 acquitting the sole accused under Section 235 (1) of the Code of Criminal Procedure in respect of offences under Sections 449,376,302 and 201 of the Indian Penal Code. Mavilla Kistamma (hereinafter referred to as "the deceased"), aged 15 years, was the daughter of one Subramanyam, resident of Annareddipalem within the limits of the Police Station, Buchireddypalem, Nellore District. Maddisetti Penchalaiah (hereinafter referred to as "the accused") was also a resident of the same village. The accused wanted to marry the deceased and sent proposals through his paternal uncle to the parents of the deceased. But, the latter did not agree for the alliance, and were contemplating to many the deceased to one Munaiah son of Annam Subbaramaiah, resident of Jonnawada village. The prosecution case was that, the accused being disappointed in his attempt to many the deceased, decided to commit rape on the deceased so that nobody else would many her. On 4th June 1987 at about 1-30 p.m., when the deceased was alone in her house, the accused entered the house of the deceased, bolted the door from inside, threw the deceased on ground, gagged her mouth by inserting cloth and raped her. On hearing the cries of the deceased, her younger sister, Ramanamma, P.W.2, who was lying on a cot in front of the house, peeped through a window from the rear side of the house and noticed the accused lying on her sister (deceased) and struggling with the deceased. The accused strangulated the deceased to death and hung her body with the aid of a rope tied to her neck to the beam of the house, in order to suppress evidence of murder and rape. P.W.2 ran towards the field to inform her parents. By the time she reached a bridge which separates Annareddipalem village from Minagallu village, she met P.W.3, Mavilla Sarojanamma, wife of her junior paternal uncle, and P.W. 3's daughter, Pushpavati (not examined). P.W. 3 and her daughter asked P.W. 2 as to why she was weeping and the latter informed them what the accused had done. All the three thereafter came to the houseof the deceased. When they knocked on the door it was not opened. They went to the rear side of the house, peeped through the window and saw the accused tying the other end of the rope to the beam of the house. When they raised cries, the accused opened the door and ran away. On hearing the cries of P.Ws. 2 and 3, and Pushpavati, two neighbours, Eashwariah and Seenaiah came there, umied the rope from the beam of the house and laid the body of the deceased on the floor. Pushpavathi then went and informed the parents of the deceased. P. W.5, Mavilla Rajamma, is the mother of the deceased. The parents of the deceased came from the field to the house. At about 4 or 4-30 p.m., on the same day, the VillageServant, P.W.4,came there and, on getting information, he went to the house ofP.W. 1, Sarpanch of the Village who returned home at about 6-30 p.m., and informed P.W. 1 about the murder of the deceased. P.W. 1 visited the house of the deceased and from there returned home, drafted the report, Ex.P-1 and sent the same to the Police Station, Bucchireddipalem, through P.W.4, and another. The Head constable at the Police Station. P.L.N. Raju, P.W.12, received the report, ExP-1 from P.W.4 at about 11p.m., registered the same as Crime No: 116 of 1987 under Sections 376 and 302 of the Indian Penal Code, and issued F.I.R to all concerned. Ex.P-8 is the copy of the F.I.R. The Incharge Inspector of Police, Kovvur Circle, P.W. 13, on receiving information, reached Butchireddipalem at about 12-30 a.m., on the intervening night of 4/5th June 1987, took copy of the F.I.R. and proceeded to Annareddipalem, village which is at a distance of 6 kilometres. P.W. 13 secured the presence of mediators P.Ws. 7 and 8 and inspected the scene of offence where an observation report, Ex.P-9, was drafted and a rough sketch, Ex.P-10 was prepared. He held inquest over the dead body between 8 to 11 a.m., and at the inquest he examined P.Ws. 1 to 5. Ex.P-11 is the inquest report The dead body was thereafter sent through P.W. 10 for autopsy to the Government Hospital, Butchireddipalem. Woman Medical Officer, P.W.9, Dr. M. Saraswathi, conducted the autopsy over the dead body of the deceased at 3-30 pm on 5th June 1987 and issued Ex.P-5, post mortem certificate. She found the following external injuries which were ante-mortem in nature: