SMT. DARANGULA YERRAMMA @ WADDE LAXMI Vs. THE STATE OF A.P., REP. BY THE PUBLIC PROSECUTOR HIGH COURT, HYDERABAD

JUDGEMENT

(1.) The sole accused in Sessions Case No.17 of 2010 on the file of the Judge, Family Court -cum- Additional Sessions Judge, Adilabad, filed this Criminal Appeal questioning her conviction for the offences under Sections 302 and 379 Penal Code and sentence to undergo Life Imprisonment and to pay a fine of Rs.200.00, in default, to suffer Simple Imprisonment for one month for the offence under Sec. 302 Penal Code and also to undergo Rigorous Imprisonment for a period of 3 years and to pay fine of Rs.100.00, in default, to undergo Simple Imprisonment for a period of one month for the offence under Sec. 379 Penal Code with the direction that both the sentences shall run concurrently.

(2.) The case against the appellant, as unfolded by the Prosecution, is briefly stated hereunder:

(3.) During the course of investigation, LW.17 examined and recorded the statement of PW.1 in Part II Case Diary. Meanwhile, PW.9- Circle Inspector of Police, Nirmal, visited the spot, took up further investigation, examined and recorded the statements of PWs.1, 2, 3 and LWs.3 and 4, who are the nephew and daughter-in-law of the deceased respectively, got photographed the dead body of the deceased with the help of LW.7- Manajee Rama Krishna and recorded his statement. Due to late hours, PW.9 could not conduct the inquest and he sent a request to the Dog Squad team to visit the spot for their assistance and investigation of the case. On the next day i.e., on 28-10-2009 morning, LW.8- Dog Handler visited the scene of offence along with Dog Vicky, which, after smelling the dead body of the deceased, proceeded to the house of the appellant and after smelling some items in her house, went towards the outskirts of the village and halted. PW.9 examined and recorded the statement of LW.8- Dog handler, secured the presence of LWs.12 and 13- Panchas and conducted inquest over the dead body of the deceased. During inquest, PW.9 seized the clothes of the deceased along with the blood stained earth and control earth for forwarding the same to RFSL, Karimnagar, for examination and report. Thereafter, he sent the dead body of the deceased to the Government City Hospital, Nirmal, for conducting autopsy under the escort of PC.1959 of PS Narsapur-G and drafted a rough sketch of the scene. As per the statements of PWs.2 and 3 and LWs.4 and 5, PW.9 came to know that the gold ornaments i.e., gold kuthi kattu, gold ear rings and gold kathera baleelu were found missing from the person of the deceased. Hence, PW.9, suspecting that the appellant committed murder of the deceased and snatched away her gold ornaments, filed a Memo before the Court below with the prayer to add Sec. 379 Penal Code in the original FIR. During the further course of investigation, PW.9 examined and recorded the statements of LW.9- Kalwa Hanumabai and LW.10- Gajari Bhojanna and made efforts to apprehend the appellant.