VALASA PADMA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Accused No. 1 in Sessions Case No. 140/92 on the file of the learned Sessions Judge, Warangal is the appellant herein. She was tried along with one Chandanala Sudhakar, (A-2) her maternal uncle for committing murder of her step daughter Lavanya aged about 9 years on 19-11-1991 at about 10 A.M. at the outskirts of Urus, Kareemabad, Warangal by intentionally causing death by throttling her neck with hands, an offence punishable under S. 302, IPC. Both the accused were also charged under S. 201 read with S. 34 of the IPC for causing disappearance of the evidence of murder by throwing the dead body in the Sanoor well at Urus, Kareemabad, Warangal in order to screen themselves from legal punishment.

(2.) The deceased Lavanya was studying IV class in Chandra Memorial High School in Hanumakonda. P.W. 6, Valasa Rajender, is the father of the deceased. A-1 is the third wife of P.W. 6 and step-mother of the deceased. The first wife of P.W. 6 deserted him and so he married Suchitra, the mother of Lavanya, in 1981. Suchitra died in June 1983 and in November, 1983 he married A-1. A daughter by name Swati was born to A-1 in 1986. A-2 is the maternal uncle of A-1. He is also brother-in-law of P.W. 6 (P.W. 6's sister's husband).

(3.) The case of the prosecution in brief is that on 19-11-1991, the deceased Lavanya attended the school in the morning at about 8-30 A.M. She was studying in IV Class. That day she was to appear for a unit test which was to commence at 9-30 A.M. P.W. 10 was the class-teacher. At about 9 A.M. A-1 came to the school, introduced herself as the mother of Lavanya, sought permission to take Lavanya with her to the temple stating that she would send her back within a short time. P.W. 10 granted permission to A-1 and so Lavanya, leaving her books in the class room, followed A-1. Lavanya did not come back to the school. P.W. 4 was the invigilator for the unit-test. He found that Lavanya was absent on that day. When he enquired about her absence, he was told by P.W. 10, class teacher, that A-1 had taken away Lavanya with her. P.W. 7 Kum. Madhavi, a student of IV class was the class-leader and also a friend of Lavanya. When Madhavi was going to school, she saw at about 9 A.M., Lavanya and A-1 near a place called 'tent-house' at Kumarpalli, coming from the direction of the school and at that time Lavanya was in school uniform and she was not carrying books. When she asked Lavanya as to whether she was going to attend the school, the latter replied that she would come. When the test commenced, she was asked to distribute answer sheets. A sheet meant for Lavanya remained with her as Lavanya was absent. She informed about this to P.W. 4 Prabhakar, invigilator for the unit test. Lavanya did not write the unit test on 19-11-1991 according to P.W. 4, the invigilator. P.W. 5 Rangaiah is the Head Master of the School. At about 8-45 P.M. when he was making rounds of the classes, he saw A-1 entering IV class with a suckling baby. In the evening P.W. 7 class-leader informed him that Lavanya left with her mother A-1 and she handed over the books of Lavanya to him. On the same day at about 7 P.M., the Head Master handed over the books of Lavanya to P.W. 6, her father. P.W. 8, Arvindakumar, a student of IV class studying in the same school saw the deceased and A-1 going from the direction of the school in a rickshaw in the morning on 19-11-1991 while he was on his way to school and he thought that A-1 might be taking the deceased for some purpose. That day Lavanya was absent for the unit test. P.W. 9, a resident of Urus area, on 19-11-1991 at about 10 or 11 A.M. went to answer calls of nature near tamarind trees, noticed at a distance of about 15 yards from the trees A-1 and A-2 and also the deceased. He found that the girl was weeping. Two days later P.W. 1 Kota Uppalaiah, a resident of Urus area, at about 10 A.M. while answering calls of nature observed two goats fighting near the well. He went near the goats to separate them. Then he noticed the dead body of a girl floating in the well. The body was naked except for the underwear. He went immediately to the Mills Colony Police Station and lodged a complaint Ex. P.1 which was registered by P.W. 13, B. Vijayalakshmi, Sub-Inspector of Police, Women Protection Cell, Warangal as a crime under S. 174, Cr.P.C. Immediately P.W. 13 went to the scene of offence and drew up an observation report. She also held inquest on the dead body on the same day. Ex. P.9 is the inquest report. During the inquest P.W. 6, the father of Lavanya, identified the dead body. The opinion of the inquest panchas was that the deceased might have died due to throttling. After the inquest was over, the dead body was sent to MGM hospital, Warangal, for post-mortem examination. P.W. 12, Dr. V. P. Patnaik, Professor of Forensic Medicine Department, Kakatiya Medical College, Warangal, conducted autopsy on the body on 22-11-1991 at about 11 A.M. and he found the following ante-mortem external injuries :