DUMALA MALLAIAH Vs. STATE OF A P

JUDGEMENT

(1.) Accused 1 to 3 who faced trial for the offences under Sections 376(2)(g), 302 and 201 of the Indian Penal Code in Sessions Case No.292 of 1998 before the learned II Additional Sessions Judge (Fast Track Court), Nizamabad, are the appellants herein in Criminal Appeal No.418 of 2003, while RT.No.2 of 2003 was referred by the learned Trial Judge for confirmation of death sentence awarded by him to Accused No.1/ Appellant No.l for the offence under Section 302 EPC.

(2.) The factual matrix in a narrow compass is that on 5-11-1995 in the morning the deceased Kotha Laxmi left for collecting the firewood in the limits of Jangampally Village and while she was collecting firewood near Pedda Cheruvu Alugu Vorre, noticing the victim alone, Accused Nos.l to 3 went to her and Accused No. 1 caught hold of her, forcibly laid her on the ground in the bushes and committed rape on her, while Appellants 2 and 3 kept surveillance, that hearing the screams of the victim, PW9 is said to have witnessed the incident, that when the victim stated that she would inform about the incident to the villagers, Accused 2 and 3 caught hold of her legs and hands while the Accused No.l strangled the deceased with her voni, then all the accused threw her dead body into the rivulet of the Cheruvu, then they chased PW9, who escaped from them. PW3 noticed the dead body and informed the same to the complainant - PW1 and a case came to be registered. PW17, Inspector of Police took up investigation, conducted panchanama of the scene of offence in the presence of PW11 under Ex.P6 and Ex.P7 is the sketch and seized M.Os 1 to 3 from the scence of offence. On the next day i.e., 6-11-1995 inquest was held over the dead body of the deceased in the presence of PWs 11 and 12 under Ex.PS report and sent the dead body for post mortem examination and PW16 conducted autopsy over the dead body under Ex.P37. Basing on the said report Section 376 IPC was added. PW17 examined PW9, said to be an eye-witness, on 7-11-1995. On requisition, the Judicial Magistrate of First Class, Yellareddy, recorded Section 164 statement of PW9, under Ex.P10. He also conducted test identification parade of the accused on 25-11-1995 under Ex.P14, wherein PW9 is said to have identified the appellants. On 9-11-1995 PW17 arrested the Appellants 1 to 3 and recorded the confessional statement of A1 in the presence of PW15 and got recovered MO4 under Ex.P-42. Likewise, M.Os.5 to 7 were recovered from A2 under Ex.P42 and M.Os.8 to 10 from A-3 were recovered. After completion of investigation, the accused were charged for the offences as stated supra.

(3.) To bring home guilt of the accused, the prosecution has examined as many as 18 witnesses and marked Exs.Pl to P45. The defence of the accused was one of a total denial and none were examined on their behalf.