GADDAMIDI BIKSHAPATHI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This case involves gruesome murder, preceded by rape of an innocent five year old girl. The sole accused in Sessions Case No.128 of 2012 on the file of the VI Additional District and Sessions Judge, at Siddipet, filed this appeal, aggrieved by judgment dt.28.08.2012, in convicting the sentencing the accused for the offences under Sections 302, 376(2)(f) and 364 of the Indian Penal Code (IPC).

(2.) The case of the prosecution as reflected from the charge sheet is as follows. On 107.2011 at around 06.00 Hours P.W.14 - Sub-Inspector of Police, Toopran Police Station received telephonic information from P.W.7 - Ryakala Narsingh Rao, Upa Sarpanch of Manoharabad Village, that the daughter of P.W.1 - Vadiyaram Dasu, was missing from 11.07.2011 night and his family members were manhandling the appellant in the morning at about 3.00 a.m. suspecting his role in her disappearance. P.W.14 deputed P.W.6 - Head Constable and one Madusudhan Rao (L.W.10) - Police Constable of Toopran Police Station, who have produced the appellant before P.W.14.

(3.) On interrogation by P.W.14, the appellant revealed that he is a resident of Manoharabad village of Toopran Mandal, and working as mason, that he had three brothers, that the last one died, that his two elder brothers were living separately, and that he had been living with his parents. That in October, 2003, he along with his cousin - Endrelli Ravi, killed one Gandi Nagaiah as he obstructed them in committing the theft of rice at Government School, Dandupally, that in that connection the villagers of Manoharabad boycotted his family from the village, that the appellant and his cousin were remanded to jail, that to meet the court expenses his father Bheemaiah sold his Acs.2.00 assigned land in Sy.No.394 in Dandupally, hamlet of Manoharabad Village to Golla Pentaiah and Nagula Nagabushanam, one acre each, that thereafter the family members of the appellant moved to Kallakal village and later to Dundigal village, that after his release from the jail he worked as mason in the said village, that later, his parents requested the elders of Manoharabad village and returned to the said village and that in the year 2005, the appellant and his cousin were acquitted from the said murder case. That in the year 2007, the appellant married one Renuka, D/o. Sangaiah, of Rudraram Village of Chinna Shankarampet Mandal, and they were blessed with a female child - Akhila, and that about one year back, due to family disputes the wife of the appellant left him. That in the year 2010, the appellant was arrested and sent to jail by Toopran Police for practicing black magic in the house of Smt. Maknoori Shyamala of Manoharabad and after his release from the jail, he had been living with his parents at Manoharabad village.