CHITTEDI SAHENDER Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Appeal is filed by the appellant - accused aggrieved by the judgment dtd. 29/4/2016 passed in S.C.No.15 of 2015 by the learned Principal Sessions Judge, Adilabad, in convicting and sentencing him to life imprisonment and fine of Rs.5,000.00 and in default of payment of fine to undergo simple imprisonment for a period of six months, for the offence under Sec. 302 of IPC and further sentencing to undergo rigorous imprisonment for a period of seven years and fine of Rs.3,000.00 and in default of payment of fine to undergo simple imprisonment for a period of three months, for the offence under Sec. 307 of IPC.

(2.) The case of the prosecution as per the charge sheet filed by the Police of Boath, Adilabad District was that the appellant - accused committed the murder of his father Chittedi Gangaiah @ Ganga Reddy aged 60 years and of his wife Chittedi Anasuya aged 28 years by hacking them with an axe and also attempted to commit the murder of his mother Chittedi Narsamma on 6/9/2014 at 19:30 hours at his house at Dhannur-B Village of Boath Mandal, Adilabad District. As per the charge sheet filed by the Police, the de-facto complainant, the mother of the appellant - accused came to the Police Station on 6/9/2014 at 21:30 hours and lodged a written report, in which she stated that on 6/9/2014 at 12:00 hours her son Chittedi Sahender (appellant - accused) asked her to provide a new cell phone to him. On that she told him that she was not having money and as and when she had money, she would provide the same. On that he threatened her with dire consequences to kill her. At about 19:30 hours when her husband returned home after grazing the goats, her son took axe from her husband's hand and attempted to commit her murder. But, she managed to escape from the spot and hidden in the cattle shed of Edamala Chinna Reddy. As he could not trace her, he raised hue and cry stating that he would commit the murder of his wife or his father and committed the murder of her husband Gangaiah @ Ganga Reddy by beating with an axe on the neck. Her husband fell and died on the spot due to oozing of heavy blood. After death of her husband, he attacked his wife Chittedi Anasuya by beating her with the same axe on the neck. She ran to the house of Nallala Bheemudu which was opposite to their house by raising hue and cry and collapsed in the said house with heavy bleeding. On hearing the hues and cries, she came to the spot and found her husband and her daughter-in-law died on the spot. Later, her villagers informed 108 Ambulance and Police Station, Boath.

(3.) Basing on the said report, the Sub-Inspector of Police (for short "SI") of PS Boath registered a case in Crime No.111 of 2014 under Ss. 302 and 307 of IPC, recorded the statement of the de-facto complainant under Sec. 161 Cr.P.C. and informed the Circle Inspector (for short "CI") of Police of PS Boath over telephone. The CI of Police was on Lord Ganesh Idols immersion Bandobusth duty at Bhainsa. But obtained permission from his superiors and came to the scene of offence situated at Dhannur-B Village, got the dead bodies photographed at the scene of offence and shifted the dead bodies to Government Civil Hospital, Boath. It was further stated that due to incessant rainfall and night hours, he could not conduct the scene of offence panchanama and inquest over the dead bodies at that time and on the next day i.e. on 7/9/2014, the CI visited Government Civil Hospital, Boath, recorded the statements of the witnesses. The inquest was conducted by the SI of Police and the blood soaked clothes of the deceased were collected. The CI visited the scene of offence at Dhannur-B Village examined the neighbors, secured the mediators, drafted the scene of offence and crime detail form and collected the blood soaked soil and control soil from the scene of offence and sent the material objects to Regional Forensic Science Laboratory, Karimnagar for analysis and opinion. The CI of Police of PS Boath apprehended the accused on 11/9/2014 at his house at 07:30 hours, interrogated him, secured the presence of the mediators, drafted the confession cum recovery panchanama of the accused and seized the crime weapon i.e. the axe at the instance of the accused from his house. He produced the accused before the Judicial First Class Magistrate Court. After collecting the Post Mortem Examination (for short "PME") report and FSL report, he filed charge sheet against the accused for the offences under Ss. 302 and 307 of IPC.