BATTIGARI SHAKER Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Appeal is filed against the Judgment dtd. 8/7/2015 in S.C.No.109 of 2015 passed by the learned Principal Sessions Judge, Medak at Sangareddy.

(2.) The case of the prosecution is that appellant/A-1 and A-2 alleged to have killed one B.Bharathamma (herein after referred to as deceased) and thus A-1 committed offences punishable under Ss. 302 and 379 r/w.75 of I.P.C and A-2 committed the offences punishable under Ss. 302 and 379 IPC. To prove the guilt of accused, prosecution examined P.Ws.1 to 13 and got marked Exs.P1 to P16 and M.Os.1 to 3 on its behalf. No oral or documentary evidence was adduced on behalf of defense. The Trial Court after considering the arguments of both sides and also the entire evidence on record, acquitted A-2 under Sec. 235(1) Cr.P.C for the offences punishable under Ss. 302 and 379 IPC and convicted A-1 under Sec. 235(2) of Cr.P.C and sentenced him to undergo life imprisonment with a fine of Rs.300.00, in default, to suffer simple imprisonment for a period of six months for the offence punishable under Sec. 302 I.P.C and also convicted and sentenced him to suffer rigorous imprisonment for three years for the offence under Sec. 379 I.P.C and both the sentences shall run concurrently. Aggrieved by the said judgment, A-1 preferred the present appeal.

(3.) The brief facts of the case, as per the report given under Ex.P2 by P.W.4 are that, on 17/11/2014, he came to know through P.W.10 that an unknown female dead body was found lying at Gunnamma Chintal Hanumandlu area at the outskirt of Rudraram village in Sy.No.912 and 913 and the dead body was in a decomposed state. There were yellow colour blouse, blue colour saree and pink colour skirt on the dead body and no ornaments were found on the dead body. A case was registered in Crime No.677 of 2014 under Sec. 174 Cr.P.C by Police Patancheru P.S and entrusted the case to P.W.11-Sub Inspector of Police for further investigation, who transferred the case to Sangareddy Town Police Station on point of jurisdiction. The S.H.O., Sangareddy Town P.S registered a case in Crime No.235 of 2014 under the head of 'woman missing' and after investigation, Sec. of law was altered to Sec. 302 and 379 of IPC. On completion of investigation, P.W.13 filed charge sheet against the accused.