MOLUGU ANANDAM Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Appeal is filed by the appellant - accused No.1 aggrieved by the judgment dtd. 7/4/2015 passed in S.C.No.363 of 2014 by the learned V Additional District and Sessions Judge at Karimnagar, Karimnagar District, wherein the appellant was convicted for the offence under Sec. 302 of IPC and sentenced to suffer rigorous imprisonment for life and fine of Rs.500.00, in default of payment of fine to suffer simple imprisonment for three months.

(2.) The case of the prosecution as per the charge sheet filed by the Inspector of Police, Huzurabad was that A1 was the father of the deceased boy by name Tony aged 3 years and A2 was the mother of the deceased. A1 caused the death of the deceased boy at his home by smothering by a pillow sitting on the trunk of the deceased and A2, the mother of the deceased fabricated a story that their son suffered from vomitings and died, and screened the evidence. The prosecution case was initiated by the Village Revenue Officer (for short "VRO"), Huzurabad by filing the complaint on 2/12/2013 at 21:00 hours stating that the second son of Molugu Anandam (A1) by name Molugu Tony died in suspicious circumstances at his house. He came to know that the husband and wife i.e. A1 and A2 had ill feelings against each other and there used to be quarrels among them. The boy was sleeping with his father at the time of his death. As such, it was suspected that the father of the boy, who had quarrels with his wife, must have killed his son and the neighbors were also murmuring among themselves. As such, he requested the Police to inspect the spot, examine the dead body and to take necessary action.

(3.) Basing on the said report, the Probationary Sub-Inspector of Police of PS Huzurabad registered a case in Crime No.286 of 2013 under Sec. 174 Cr.P.C., recorded the statement of the complainant, visited the scene of offence situated at the house of the deceased at Mamindlawada, Huzurabad, found the dead body laid down in front of the house, found no visible external injuries, examined the parents, relatives and neighbors of the deceased. The parents stated that the deceased died due to vomitings, but the neighbors expressed suspicion over the father of the deceased. He also drafted the sketch map of the scene of offence and noted the details of the scene of offence in Crime Detail Form. He got shifted the body to the mortuary at Government Hospital, Huzurabad. On 3/12/2013, he got the dead body photographed, recorded the statements of LWs.2 to 6 and held inquest over the body of the deceased at the mortuary of Government Hospital, Huzurabad in the presence of the witnesses. The Medical Officer, Huzurabad referred the dead body of the deceased to MGM Hospital, Warangal for post mortem examination (for short "PME") by a forensic expert. Accordingly, the body was shifted to Kakatiya Medical College, Warangal and an Assistant Professor of Kakatiya Medical College held post mortem examination and issued a report stating that the deceased died "due to multiple injuries". Basing on the PME report and the statements of the relatives of the deceased, the Probationary Sub-Inspector of PS, Huzurabad altered the Sec. of Law from 174 Cr.P.C to Sec. 302 of IPC. Thereafter, he also recorded the statements of LWs.7 to 9.