PILLI VITAL Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) A-1 to A-3 in S.C. No. 126 of 1991 filed these criminal appeals. Crl.A. No. 278 of 1994 is filed by A-2 who was convicted u/S. 376 IPC and sentenced to suffer RI for 8 years and also to pay a fine of Rs. 200.00 and in default, to suffer SI for 2 months. Crl.A. No. 424 of 1994 is filed by A-1 who was convicted under Section 337 IPC and sentenced to suffer RI for 10 years and also to pay a fine of Rs. 200.00 and in default to suffer SI for 2 months. Crl.A. No. 992 of 1994 is filed by A-3 who was convicted under Section 376 IPC and sentenced to suffer RI for 8 years and to pay a fine of Rs. 200.00 and in default to suffer SI for 2 months. All the 3 accused were convicted under Section 302 IPC and sentenced to suffer imprisonment for life. They were also convicted under Section 379 IPC and sentenced to suffer RI for 3 years. All the sentences were directed to run concurrently.

(2.) The prosecution case in brief is as follows : On 20-5-1990 at about 9.00 P.M., A-1 took the deceased Ekkari Kishtavva from the house of P.Ws. 8 and 9 towards cross-roads of Podchanpally village. On the way, A-2 and A-3 joined him. Then all the accused took the deceased to the paddy fields of Boggari Anji Reddy. Then A-1 had carnal intercourse with the deceased while A-2 and A-3 committed rape and later, all of them murdered her and committed theft of gold and silver ornaments and some other properties from the deceased.

(3.) The deceased is the younger sister of PW-1 and PW-2 is the younger brother of the deceased. They are the residents of Podchanpally village. The deceased resided in the said village for some time after the death of her husband. There was a panchayat held in their village with regard to the illegal intimacy between A-2 and the deceased. After the said panchayat, the deceased left for Rayalamadugu Village, which is her husband's village. On 19-5-1990, a Saturday, the deceased came to Podchanpally village to attend the marriage of the son of PW-3. In the evening, PW-2 and the deceased consumed toddy and went to their house. Then PW-1 and his mother asked the deceased to go away from their house. So the deceased went to the house of PW-3. On Sunday morning, PW-2 went to his fields and returned in the evening. To enquire about the deceased, he went to the house of PW-3. Later, he went to the chowrastha of Podchanpally village and found the deceased along with A-1 and A-3. PW-2 took the deceased to the toddy shop and they consumed toddy. A-1 and A-3 also offered toddy to PW-2 and, the deceased, but PW-2 refused. Later, PW-2 and the deceased were returning and on their way, the deceased stopped at the house of Janiava. Then the wife of PW-2 came there and requested the deceased to come to their house, but the deceased refused. PW-2 then left along with his wife to their house. On Sunday at about 8.30 or 9.00 P.M., the deceased and A-1 came to the house of PW-8. A-1 told him and his wife PW-9 that the deceased quarreled with her mother and she required food. Then they gave her food. After taking food, A-1 took the deceased stating that her child would weep for the deceased. At that time, the deceased was in a state of intoxication. A-1 caught hold of her hand and took her from the house of PW-8. At 9.30 P.M., P.Ws. 4 to 7 who were sitting on the pial of PW-4, noticed them walking together towards Meedigattu. On the next day morning, PW-2 visited the house of one Vadala Veeraiah to repair his plough. There, he was informed that the dead body of the deceased was found lying in Barlolla polem near Durgamma temple. Then he went and saw the dead body and found injuries on neck, chest, breast and private parts of the deceased and her ornaments M.Os. 1 to 6 were removed from her neck. On Sunday night, PW-1 went in search of she-buffaloes and when he returned in the morning, he was informed about the death of his sister. Except the wrist rings and ear studs, all other ornaments of the deceased were stolen away. P.Ws. 4 and 5 informed him that the deceased was seen along with A-1 at 9.30 P.M. on Sunday. Then, he saw the dead body of his sister and gave a report, Ex. P-1 in Papannapet Police Station. On 21-5-1990, PW-13 the S.I. of Police received the written report from PW-1 and registered a case as Crime No. 48 of 1990 under Sections 302 and 379 IPC. He along with his staff proceeded to the scene of offence, examined P.Ws. 1 to 5 and conducted panchanama in the presence of PW-10 and another. He seized bangle pieces, blood stained earth and controlled earth. He prepared Ex. P-2 inquest report. PW-11, the Dy. Civil Surgeon, Jogipet conducted autopsy over the dead body of the deceased and issued post-mortem certificate, Ex. P-3. The C.I. of Police took over the investigation and examined P.Ws. 6 to 9 and recorded their statements. He arrested the accused on 28-5-1990 recorded their confessional statements and recovered stolen gold and silver ornaments M.Os. 1 to 8. He also prepared the panchanamas in the presence of P.Ws. 12 and another under Exs. P-4 to P-6. After completion of investigation, he filed the charge-sheet.