CHARAGONDA THIRUPATHI Vs. STATE OF ANDHRA PRADESH REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, HYDERABAD

JUDGEMENT

(1.) The sole accused in Sessions Case No.433 of 2009 on the file of the II Additional Sessions Judge, Nalgonda at Suryapet, filed this Criminal Appeal feeling aggrieved by his conviction for the offences punishable under Sections 302, 307 and 394 IPC and sentence to undergo (i) Life Imprisonment for the offence under Section 302 IPC, (ii) Rigorous Imprisonment of seven years for the offence under Section 307 IPC and (iii) Life Imprisonment for the offence under Section 394 IPC, all of which were directed to run concurrently.

(2.) The case of the Prosecution, in brief, is as follows:

(3.) It is stated in the chargesheet that during the course of investigation, PW.9- Sub-Inspector of Police, Nuthankal, examined and recorded the statements of Bixam (LW.1), PW.1, Kompalli Narsi Reddy (LW.3), PW.2, PW.3 and Kompally Ram Reddy (LW.5); that thereafter, he prepared Ex.P.1- Scene of Offence Panchanama, conducted inquest over the deadbody of the deceased, prepared Ex.P.2- Inquest Report and shifted the dead body to the Government Area Hospital, Suryapet, for Post Mortem Examination; that after PW.11- Circle Inspector of Police, Thungaturthy, took up the investigation, he has added Section 394 IPC and recorded the statement of PW.3, who was unconscious for long time; and that the efforts of the Police to identify the culprits went in vain, as a result of which the case was referred as undetectable on 25-11-2002 subject, however, to reopening of the case whenever clues come to light. It is further stated in the chargesheet that on 20-08-2004 at 10.00 hours, the then Circle Inspector of Police (LW.21) (since deceased) arrested the appellant in connection with Crime No.51 of 2004 registered under Section 392 IPC of Noothankal Police Station, recorded his confessional statement in the presence of PW.7 and Medida Rama Chary (LW.4) wherein he confessed to have committed the murder of the deceased in the instant case, recovered a stolen pair of silver leg chains from him and produced him before the Court; that the jurisdictional Magistrate has remanded the appellant to judicial custody; that he was, accordingly, lodged in Sub-Jail, Suryapet; that on 25-08-2004, PW.11 filed a requisition to the Court for permission to reopen the case; that accordingly, the Court granted permission for reopening the case on 24-09-2004 for further investigation; that as per the directions of the jurisdictional Court, the appellant was produced before it on 25-10-2004 on PT Warrant; that PW.11 examined and recorded the statements of PW.5 and Mali Balaji (LW.10) and filed requisition before the Court of Magistrate, Nakrekal, to conduct Test Identification Parade of the appellant by Bixam (LW.1), PW.3 and PW.4; that PW.10- Judicial First Class Magistrate, Nakrekal, conducted Test Identification Parade in the presence of LW.1 and PW.3 only as PW.4 was not available; that during the Test Identification Parade, PW.3 identified the appellant; and that the investigation revealed that the appellant and accused Nos.1, 3 and 4 are notorious criminals.