CHERVIRALA NARAYAN Vs. STATE

JUDGEMENT

(1.) The accused was convicted under section 302, Indian Penal Code and sentenced to death by the Sessions Judge, Medak District. The version of the prosecution may be summarised thus. The accused is the husband of the deceased. P.Ws. 9 and 10 are the parents of the deceased and are residents of the village of Ailur. After some persuation and with reluctance, they allowed the accused and his sister P.W. 7 to take the girl to the house of P.W. 7 at Venkataipalli for performing the nuptials of the deceased. After the nuptials, the couple lived together amicably for a few days. Suspecting that the girl had illicit intimacy with the son of the Dora of Ailur and had become pregnant by him, on the night of 9th December, 1955 the accused strangled her to death. The learned Sessions Judge accepted the evidence produced on the side of the prosecution and convicted the accused and sentenced him as aforesaid.

(2.) There are no eye-witnesses to the occurrence. The case falls to be decided on circumstantial evidence. It is a well-settled principle of criminal jurisprudence that '.' circumstantial evidence must be consistent and consistent only with the guilt of the accused and that if the evidence is consistent with any other rational explanation, then there is an element of doubt of which the accused must be given the benefit ". Bearing in mind the said caution, we shall proceed to consider the evidence in this case.

(3.) The doctor, who performed the autopsy on the dead body, described the condition of the body and the wounds found thereon thus - 1. A horizontal mark in front of the neck measuring 2" in length " in breadth; abrasions and ecchymosis were present in front of the neck ; the horizontal mark had brown and parchment appearance ; there was congestion under the skin. 2. Abrasion on the chin and the lower lip. 3. Abrasions on the posterior side and left and right elbow joints. 4.Abrasion on the left and right inguinal and left inguinal. 5. Abrasion on the right thigh. 6. Abrasions on the right temple. 7. Abrasion on the lateral side of the left knee joint; and 8. Half digested food was present in the stomach.