KATRAVATH SHIVA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This appeal is arising out of the judgment in S.C.No.412 of 2012, dtd. 2/5/2014 on the file of the IX Additional District and Sessions Judge, Wanaparthy, whereby, the appellant was convicted under Sec. 235(2) Cr.P.C. for the offences punishable under Ss. 302 and 380 of IPC and was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000.00, and in default of payment of fine, to undergo simple imprisonment for six months for the offence punishable under Sec. 302 of IPC and to suffer rigorous imprisonment for two years and to pay a fine of Rs.1,000.00and in default of payment of fine, to undergo simple imprisonment for one month for the offence punishable under Sec. 380 of IPC.

(2.) The brief case of the prosecution is that PW-1 and one Venkateshwar Rao are the sons of the deceased/Sathyavathi. The deceased was living alone in Achampet town and her sons are also residing in the same town independently. On 12/4/2011, while PW-1 was playing shuttle at about 6 a.m., he received a phone call from an unknown person informing him about the death of his mother. On that, PW-1 rushed to the house, scaled over the compound wall, noticed the main door locked from inside, went to the back side, found the rear door opened and also found the dead body of the deceased lying at the entrance of the lavatory/toilet with injuries on the head and forehead. He also noticed missing of gold ornaments of the deceased. Ex.P-1 is the complaint preferred by PW-1 against unknown persons and basing on Ex.P-1, PW13/ASI, Achampet Police Station registered the case against unknown offenders for the offences punishable under Ss. 302 and 380 of IPC, vide Ex.P-2/FIR, PW-11/Inspector of Police, Achampet took up investigation. During the course of investigation, he visited the scene of offence, prepared the rough sketch of it in the presence of mediators, collected the bloodstained clothes of the deceased, held inquest over the dead body of the deceased in the presence of panchayatdars, and later, forwarded the dead body of the deceased to Government hospital, Achampet for postmortem examination. He further recorded the statements of blood-relatives of the deceased and other witnesses and later handed over the dead body to the relatives of the deceased and also recovered the mobile phone of the deceased from the possession of one Balu, who is the brother-in-law of the accused under the cover of panchanama/Ex.P-7. PW-10 also conducted investigation in this case and he sent requisition to SDPO, Nagarkurnool for furnishing the call details of the mobile bearing No.99127774146 belonging to the deceased. Further, he made enquiries, came to know that the handset was in possession of the brother-in-law of the accused and on the basis of their information, apprehended the accused on 7/5/2011 and recorded his confession. Pursuant to the confession of the accused, PW-10 recovered one pair of ear studs, one pair of ear mateelu and a receipt pertaining to Manappuram General Finance and Leasing Company from the accused and also recovered three bangle pieces at the house of the accused. PW-11 also made requisition to the Judicial First Class Magistrate, Achampet for Police custody of the accused and on further interrogation, the accused, in the presence of mediators, led the Police party to a shop at Santhoshnagar, Hyderabad, from where, M.O.1/Nanu was recovered. The Doctor, who conducted the postmortem examination over the dead body of the deceased, opined that the death of the deceased was due to cardio-respiratory arrest, as a result of head injury and damage to the brain. On completion of investigation, the investigating officer filed charge sheet against the accused for the offences punishable under Ss. 302 and 380 of IPC.

(3.) The Court of Session framed charges against the accused/appellant for the offences punihshable under Ss. 302 and 380 of IPC, for which, the accused pleaded not guilty and claimed to be tried.