GODUGUNURI SIVA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is directed against the conviction and sentence passed in S.C. No. 642 of 2004 by the VIII Additional Sessions Judge (Fast Track Court), Guntur on 13.02.2006. The appellant herein is the sole accused and he was prosecuted for the offences under Sections 302, 201,457 and 380 of IPC.

(2.) According to the prosecution, the accused is native of Chandavaram village of Nadendia Mandal, Guntur District. The deceased Mekala Yogamma is resident of Gorantla village in Guntur District, The accused committed theft of an Indica Car bearing No. AP 28 AF 1191 and other articles like ceil phone and came to Guntur and he came into contact with one Kommineni Lakshmi and developed illicit intimacy with her. The accused came into contact with the deceased Yogamma through the said Kommineni Lakshmi. The deceased is residing alone in her house and doing chit fund business besides working In a mill as coolie. The accused used to visit the house of the deceased and found bundles of hundred rupee notes in the house of the deceased. The deceased used to demand the accused to marry Kommineni Lakshmi or otherwise hurled threats against the accused. As such the accused afraid of the deceased and wanted to knock away the property by doing away with the life of the deceased. On 27.10.2003 evening the accused mixed six Avil tables in 1 1/2 litres Pepsi pet bottle, drove the car to Gorantla, parked it on the road, went to Viswabharathi Spinning mill, where the deceased was working, called the deceased; spoke to her and told her to go to Vijayawada in search of an alliance for her son PW. 2. The deceased clad herself on a red saree, came to the Indica car bearing No. AP 28 AF 1191 and boarded into the car. The accused drove the said car to the dilapidated house in Mallikarjunapuram Colony, stopped the car at about 7.00 p.m., pretended as if checking the car, told the deceased that he wanted water to pour in the radiator of car and offered the pepsi bottle to her to consume and make the bottle empty to bring water in it. The deceased consumed the cool drink and became unconscious. The accused brought the deceased out of the car, beat on her head with a Sanam, killed her, poured petrol on her and set fire to the dead body of the deceased in order to screen the evidence and make the deceased unidentifiable. The accused snatched away a gold chain from the neck of the deceased and bunch of the keys from the waist of the deceased and fled away with the car. On 29.10.2003 night the accused misrepresenting to his friend PW. 17 took him to the house of the deceased and unlocked the house with the keys taken from the deceased and committed theft of colour T.V. and other household articles worth about Rs. 40,000/-. On 28.10.2003, PW. 1, the Panchayat Secretary, found the dead body of an unknown female at the scene and he sent a report to the Guntur Taluq police station on 28.10.2003 at 10.00 a.m. and the same was registered as Cr. No. 233 of 2003 under Section 174 of Cr.P.C. by PW. 18 and the investigation was taken up by PW. 19. PW. 19 got the scene of offence photographed and observed the scene of offence and seized blood stained earth, control earth, burnt jacket piece, blood stained burnt saree piece, 1 1/2 litres pepsi bottle, empty half Mansion House brandy bottle with petrol smell in the presence of PW. 1 and another under cover of mahazar. Thereafter the Section of law was altered to 302, 201 and 380 of IPC basing on the statements of PWs. 2 and 3. On 01.11.2003 the car tyre marks found at the nearby place of the house of the deceased were preserved by PW. 15. During the course of Investigation, PWs. 2 and 3 identified the body of the deceased to be that of their mother. On 02.12.2003 at 4.00 p.m., PW. 12 arrested the accused at Annapurna Nagar, Gorantla in the presence of PW. 1 and another and recorded his confession statement and in pursuance of his confession, PW. 19 seized the gold chain, gold ring from PW. 13 with whom the accused pledged the same under cover of panchanama in the presence of PW. 1 and another. PW. 19 also seized one Kirsan home theatre speaker system consisting of 2 big, 2 medium and 1 small speakers. Kirsan digital V.C.D., MPD player 1500 volts, one Unistab stabilizer, two remote controls, one best flame gas stove, one Bharat gas cylinder, one cotton bed, one blood stained shirt of the accused, cheque No. 13255 of Syndicate Bank, empty cheque book of ICICI bank, one manual servicing book of Indica car No. AP 28 AF 1191, one ATM card, one cell phone card, one Suzuki Samurai motorcycle bearing No. AP 28 H 2430 under cover of mahazar in the presence of PW. 1 and another. All the items were seized from the rented house of the accused, which was taken on rent from PW. 10. Thereafter the accused sent to judicial custody. The blood stained Sanam used by the accused and blood stained shirt of the accused along with other articles seized from the scene of offence are sent for chemical examination. PWs. 2 and 3 identified the property in the presence of PW. 12 and another. PW. 19 after receiving the FSL report and after completion of the investigation, has filed the charge sheet against the accused.

(3.) The Sessions Judge has framed the charges under Sections 302, 201, 380 and 457 of IPC against the accused and the accused pleaded not guilty for the said charges.