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In the Court of the District and Sessions Judge, Chittoor.
Present : Sri L.RAVI BABU, B.Sc.,B.L. , District & Sessions Judge.
Wednesday, the TwentyFirst (21st) day of May, 2014.
S.C.No.322 of 2013
Between:
The State, represented by The Inspector of Police, Gangavaram Circle. (Cr.No.53/2012 of Bangarupalem PS)
... Complainant
And :
M.Bhupal, aged 30 years, S/o. M.Chinnavan, SC by caste, Govardhanagiri H/w., Bangarupalem Mandal, Chittoor District.
...Accused.
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This Sessions case coming on 15.04.2014 before me, upon perusing the charge sheet, and other material papers on record and upon hearing the arguments of Sri D.Rajendra Reddy, Public Prosecutor for the prosecution and of Sri T.Purushotham, Advocate for the accused and having stood over for consideration till this day, this Court delivered the following:
JUDGEMENT :
This Sessions Case against M.Bhupal, the sole accused, arises out of the chargesheet laid by the Inspector of Police, Gangavaram circle, pertaining to
Cr.No.53/2012 of Bangarupalem police station, for the alleged offences said to have perpetrated, which invites the penal provisions of Sections 302 and 376 IPC.
2. The learned III Additional Judicial Magistrate of First Class,
Chittoor, before whom, the charge sheet was laid, has taken cognizance of the offences against the accused as P.R.C.No.6/2013 and on consideration of the material available on record, having satisfied that the case is exclusively triable by the Court of Sessions, committed the same to the Court of Sessions, Sessions
Division, Chittoor, which was registered as S.C.No.322/2013.
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3. Succinctly the case of the prosecution as per the report of investigation is thus,
PW1 Madhavaram Rajaiah (PW1), Lekkalapudi Gopal Naidu (PW2) and the accused M.Bhupal, are the residents of Govardhanagiri village,
Bangarupalem Mandal. The deceased M.Dhanalakshmi, aged about 18 years at the time of death and Madhavaram Janaki (PW5), are the daughters of Madhavaram
Rajaiah.
On 05.05.2012 at about 5.00 p.m, while the deceased
M.Dhanalakshmi, after getting down autorickshaw at Govardhanagiri cross and proceeding towards the village and reached sugarcane garden of L.Gopal Naidu (PW2), the accused forcibly took her into the said garden, committed rape and when the deceased threatened that she will report to her parents, caused the murder by way of strangulation with her chunni. Therefore, committed the offences punishable under Sections 302 and 376 IPC.
4. After the accused made his appearance before this court and upon hearing and on consideration, charges Under Section 302 and 376 IPC has been framed against him, read over and explained to him in Telugu, for which the accused pleaded not guilty and claimed to be tried. Hence, proceeded with trial.
5. The prosecution, with a view to bring home the guilt of the accused for the above referred charges, has altogether examined 16 witnesses apart from exhibiting Exs.P1 to P15 and Mos.1 to 11.
6. After completion of the examination of the prosecution witnesses, the accused was examined as required under Section 313 Cr.P.C. with reference to the incriminating circumstances, found against him in the evidence of prosecution witnesses, for which, the accused described the said circumstances as false and 3 further stated that due to election disputes and illfeelings, the case has been foisted against him.
7. Heard Sri D.Rajendra Reddy, learned Public Prosecutor, in charge of the prosecution and Sri T.Purushotham, learned defense counsel. Perused the case law cited on behalf of the accused.
8. Upon hearing and on appreciation of the oral and documentary evidence adduced, the only point that falls for determination is;
POINT: Whether the prosecution is able to establish the guilt of the accused for the charges under Sections 302 and 376 IPC
beyond any shadow of reasonable doubt?
9. POINT :
Shorn of redundant details, the case of the prosecution as unfolded during trial is as follows:
PW1 Madhavaram Rajaiah, PW2 Lekkalapudi Gopal Naidu and the accused M.Bhupal, are the residents of Govardhanagiri village, Bangarupalem
Mandal.
PW5 Madhavaram Janaki, working as a nurse in Ramalakshmamma
Hospital, Chittoor, during the relevant period and the deceased Dhanalakshmi, who studied intermediate in Sri Krishnaveni Junior College, Chittoor, during the academic year 20112012, are the daughters of PW1.
On 05.05.2012, the deceased Dhanalakshmi, who failed in Economic subject in Senior Intermediate, came to Chittoor during morning hours and after payment of the examination fee, met her sister PW5 in Ramalakshmamma Hospital,
Chittoor. The deceased Dhanalakshmi, accompanied by PW6 Mapakshi Bhujatha @
Sujatha, resident of Gunthur village, Bangarupalem Mandal, who met in the above said hospital, boarded RTC bus at Chittoor and alighted from the said bus at about 4 4.00 p.m at Bangarupalem.
PW6 Mapakshi Bhujatha @ Sujatha left Bangarupalem to Gunthur village along with her husband, who came on a two wheeler. The deceased
Dhanalakshmi, boarded the autorickshaw of PW4 Nannuri Sivaji at Bangarupalem to go to her village Govardhanagiri and got down the autorickshaw at
Govardhanagiri cross at about 5.00 p.m.
The accused M.Bhupal, who boarded the autorickshaw of PW3 Shaik
Munna at Bangarupalem, to go to his village Govardhanagiri, also got down the autorickshaw at about 5.00 p.m at Govardhanagiri cross.
Since the deceased did not return to the house by 4.00 p.m as promised while going to Chittoor, PW1, the father of the deceased at about 4.30 p.m, through phone, enquired PW5 and came to know that the deceased
Dhanalakshmi along with PW6 started to come to the village from Chittoor at about 3.30 or 4.00 p.m.
PW1, at about 5.00 p.m, went to Gunthur and enquired PW6 about the deceased and came to know that the deceased got down the bus at about 4.00 p.m. PW1 accompanied by his relatives, searched for their daughter and during the said search, met PW7 Kurakula Narayanaswamy of Govardhanagiri village and came to know that at about 5.00 p.m, the deceased got down from the auto rickshaw at Govardhanagiri cross and proceeding towards their village.
On 10.05.2012, PW1 through Bhupathi Naidu of Govardhanagiri village, came to know that the dead body of his daughter Dhanalakshmi is lying in the sugarcane garden of PW2. They went to the said place and found the dead body of Dhanalakshmi in putrefied condition. He also noticed that she was strangulated with chunny and mouth was blocked with piece of cloth.
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PW1 accompanied by the villagers, went to Bangarupalem police station and lodged Ex.P1 written complaint before PW14 Anke Hari Prasad, the then SubInspector of Police, at about 1.30 p.m. PW14, on receipt of Ex.P1, registered a case in Cr.No.53/2012 under Section 302 IPC and issued Ex.P8 First
Information Report, submitted to the committal Court and copies thereof to all the concerned.
PW16, C.Chandrasekhar, the then Inspector of Police, Gangavaram circle, having come to know about the registration of the crime under Ex.P8, went to Bangarupalem at about 12.45 p.m, received copy and took up investigation.
PW16 visited the crime scene, which is in the sugarcane garden of
PW2 near Govardhanagiri village along with PW14, found the dead body of the deceased Dhanalakshmi in a highly decomposed state. PW14 prepared Ex.P10 rough sketch of the crime scene, got Ex.P11 photographs of the crime scene and the dead body. PW14 conducted inquest under Ex.P5, in the presence of PW10 and two others and during the inquest, examined and recorded the statements of
PWs.1, 2 and others. The inquest panchayatdars, on hearing the statements of witnesses and on seeing the dead body, unanimously opined that the deceased was done to death by unknown person by strangulating with her chunni.
During inquest, PW16 seized Mos.1 to 8. After inquest, the dead body was forwarded to Primary Health Center, Bangarupalem for autopsy.
PW16 secured the presence of Pws.3 to 8, examined and recorded their statements at crime scene, during which; the complicity of the accused, committing the offence came to light.
PW11, Dr.G.Ramanji, who conducted autopsy over the dead body of the deceased Dhanalakshmi and issued Ex.P6 postmortem certificate, opined that 6 the deceased would appear to have died of asphyxia due to pressure over neck by tightening with chunni, 5 to 7 days prior to postmortem examination.
Section of her heart, kidney, stomach, collected during postmortem examination, was sent to Regional Forensic Science Laboratory, Tirupati for chemical examination and report and received Ex.P7 Regional Forensic Science
Laboratory Report that no poisonous substance is detected.
On 29.05.2012 at about 9.00 a.m, while PW9 Gundupalli Prathap
Reddy, the Village Revenue Officer, Bangarupalem was infront of Tahsildar office,
Bangarupalem, the accused approached and after making confession about the rape and murder of the deceased, sought his help.
PW9, pursuant to the said confession, prepared Ex.P4 report and accompanied by the accused, went to Bangarupalem police station at about 10.30 a.m, lodged Ex.P4 before PW16 apart from producing the accused.
PW16, interrogated the accused in the presence of PW12 and others and the accused voluntarily confessed about the commission of offences of rape and murder of the deceased Dhanalakshmi, while disclosing that he secreted his wearing apparel wore at the time of commission of offence in his house and that he will show if, they accompany. PW16 recorded the confessional statement including
Ex.P13 disclosure statement, admissible in evidence and got added Section 376 IPC.
The accused led the police party and the mediators to his house at Govardhanagiri
H/w at about 12.30 p.m, went into the residential hut, brought and produced
Mos.9 to 11, which were seized by PW16 under the cover of Ex.P14 seizure panchanama.
PW15 Dr.Vinayak, Civil Assistant Surgeon, Government Headquarter
Hospital, Chittoor, who examined the accused on his production by the police, 7 issued Ex.P9 certificate opining that there is nothing to say that the accused incapable of performing sexual act.
PW16, after completion of investigation, laid charge sheet against the accused for prosecution, which resulted in the trial.
10. The sheet anchor of the defense of the accused is one of total denial about the commission of the alleged offences, while contending that he was falsely implicated in view of the election disputes and illfeelings.
11. As already referred to above, the prosecution with a view to bring home the guilt of the accused for the charges, has altogether examined 16 witnesses apart from exhibiting Exs.P1 to P15 and MOs.1 to 11.
12. As can be seen from the nature of the evidence adduced and available, the case of the prosecution solely rests on circumstantial evidence and there is no ocular testimony to prove the incident proper i.e., rape and murder.
13. On appreciation of the oral and documentary evidence, now, it is to be decided whether the prosecution is able to establish the guilt of the accused for the charges punishable under Sections 302 and 376 IPC beyond any shadow of reasonable doubt.
14. Nature and cause of death:
It is not in dispute that the dead body of the deceased Dhanalakshmi was found in a highly decomposed state in the sugarcane garden of PW2
Lekkalapudi Gopal Naidu, adjoining the road, leading from Bangarupalem to
Govardhanagiri village. It is to be decided whether the death of the deceased
Dhanalakshmi was homicidal as contended by the prosecution.
15. PW1 Madhavaram Rajaiah, the father of the deceased and PW2
Lekkalapudi Gopal Naidu, the owner of the sugarcane garden, in which, the dead 8 body of the deceased was found, have testified that on 10.05.2012 before Noon, they found the dead body of the deceased, lying on the ground in the sugarcane garden of PW2 in a highly decomposed state, PW1 further has testified that he noticed that the deceased was strangulated with her chunni and that the mouth was blocked with piece of cloth. The said evidence of PWs.1 and 2 that they have noticed the dead body of the deceased Dhanalakshmi in such a condition is neither disputed nor challenged by the accused as can be seen from the cross examination.
16. The evidence of PW16, the investigation officer, corroborated by the evidence of PW10, one of the inquest panchayatdar, coupled with the contents of Ex.P5 inquest report, which is neither disputed nor challenged, clearly establish the case of the prosecution that the death was homicidal.
The evidence of PW11, Doctor, who conducted postmortem examination coupled with the contents of Ex.P6, in the absence of material elicited to discard their testimony or to disbelieve his version, clearly and clinchingly to go establish that the death of the deceased was homicidal.
Infact, as can be seen from the tenor of the cross examination, the accused is not disputing the case of the prosecution that the death of the deceased was homicidal.
17. Crime scene:
It is the case of the prosecution that the crime scene in the case is in the sugarcane garden of PW2, adjoining the road, leading to Govardhanagiri from
Bangarupalem. The evidence of PW16, the investigation officer corroborated by the contents of Ex.P10 rough sketch, PW11 positive photographs, the evidence of PW1, the father of the deceased, PW2, the owner of the sugarcane garden, where the crime scene is situate, the evidence of PW5 Madhavaram Janaki, the sister of the 9 deceased and the evidence of PW14, the SubInspector of police, in the light of the contents of Ex.P5 inquest report would clearly and clinchingly establish that the crime scene is in the above said sugarcane garden of PW5.
18. As already referred to above, the case of the prosecution solely rests on circumstantial evidence and there is no ocular testimony to establish the incident proper.
19. Before proceeding further, it is just and necessary for proper appreciation of the oral and documentary evidence to know the law governing the subject of sufficiency of circumstantial evidence to establish the guilt of the accused in a criminal case.
The Apex Court in Padala Veera Reddy Vs. State of Andhra Pradesh and others, AIR 1990 SC 79 laid down the following tests to be satisfied by the prosecution when the prosecution case rests upon the circumstantial evidence:
“1. The circumstances from which an inference of guilt is sought to be drawn, must be cogently and firmly established;
2. Those circumstances should be of a definite tendency unerringly pointing towards guilt of the accused;
3. The circumstances, taken cumulatively, should form a chain so complete that there is no escape from the conclusion that within all human probability the crime was committed by the accused and none else; and
4. The circumstantial evidence in order to sustain conviction must be complete and incapable of explanation of any other hypothesis than that of the guilt of the accused and such evidence should not only be consistent with the guilt of the accused but should be inconsistent with his innocence.” 10
20. The Apex Court in another decision in the case of
G.Parashwanath Vs. State of Karnataka, AIR 2010 SC 2914 while dealing with a case rests on circumstantial evidence has held that “In deciding the sufficiency of the circumstantial evidence for the purpose of conviction, the court has to considered the total cumulative effect of all the proved facts, each one of which reinforces the conclusion of guilt and if the combined effect of all these facts taken together is conclusive in establishing the guilt of the accused, the conviction would be justified even though it may be that one or more of these facts by itself or themselves is/are not decisive. The facts established should be consistent only with the hypothesis of the guilt of the accused and should exclude every hypothesis except the one sought to be proved. There must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused where various links in chain are in themselves complete, then the false plea or false defence may be called into aid only to lend assurance to the court. ”
21. Keeping in view the well annunciated principles of law laid down by the Apex Court regarding the circumstantial evidence, now the evidence on record is to be scrutinized.
22. As can be culledout from the oral and documentary evidence adduced by the prosecution, touching this aspect of the case, the prosecution rests its case against the accused for the charges under Section 302 and 376 IPC on the strength of the following circumstances.
1.The deceased Dhanalakshmi was last seen in the company of the accused M.Bhupal, at about 5.00 p.m, on 05.05.2012, while proceeding towards their village from Govardhanagiri cross road.
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2.On 05.05.2012 at about 4.00 p.m, the accused went to Pavani wine shop, Bangarupalem, consumed liquor and boarded the auto of PW3 Shaik Munna to go to his village Govardhanagiri;
3.The accused confessed about the commission of the offences of rape and murder before PW9 Gundupalli Prathap Reddy on 29.05.2012 at about 9.00 a.m;
4.Pursuant to the disclosure statement in the confessional statement of the accused dated 29.05.2012, the investigation officer, seized the wearing apparels (Mos.9 to 11) at the time of the commission of the offences.
23. Circumstance No.1: THE DECEASED DHANALAKSHMI WAS
LAST SEEN IN THE COMPANY OF THE ACCUSED M.BHUPAL, AT ABOUT 5.00 P.M,
ON 05.05.2012, WHILE PROCEEDING TOWARDS THEIR VILLAGE FROM
GOVARDHANAGIRI CROSS ROAD.
It is the case of the prosecution that on 05.05.2012 at about 4.00 to 5.00 p.m, PW7 Kurakula Narayanaswamy, noticed the deceased Dhanalakshmi in the company of the accused while proceeding towards Govardhanagiri village from
Govardhanagiri cross road.
24. PW7, Kurakula Narayanaswamy, the alleged witness, who said to have last seen the deceased in the company of the accused did not choose to support the case of the prosecution in so far as the presence of the accused though stated that while going from their village Govardhanagiri to Bangarupalem on his two wheeler, noticed the deceased Dhanalakshmi coming towards the village by walk, 100 mts away from Govardhanagiri cross road. Since, PW7 did not testify about his noticing the accused in the company of the deceased, no sanctity can be attached to the evidence of PW1 that he came to know through PW7 about noticing the deceased in the company of the accused on 05.05.2012 at about 5.00 p.m near
Govardhanagiri cross road, since it is nothing but hearsay and therefore, inadmissible.
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25. Therefore, the prosecution miserably failed to prove this circumstance, which is very very important circumstance.
26. Circumstance No.2: ON 05.05.2012 AT ABOUT 4.00 P.M, THE
ACCUSED WENT TO PAVANI WINE SHOP, BANGARUPALEM, CONSUMED LIQUOR
AND BOARDED THE AUTO OF PW3 SHAIK MUNNA TO GO TO HIS VILLAGE
GOVARDHANAGIRI;
Touching this aspect of the case, it is the case of the prosecution that on 05.05.2012, the accused went to Pavani wines shop, Bangarupalem, consumed liquor and left Bangarupalem to go to his village in the autorickshaw of PW3 Shaik
Munna at about 4.00 p.m.
PW8, Mudinur Tirumalachari, the then sales man Pavani wines, MBT road, Bangarupalem was declared by the prosecution as hostile. PW8 did not testify that on 05.05.2012, at about 4.00 p.m, the accused after consuming liquor in the shop, left Bangarupalem to go to his village Govardhanagiri in the autorickshaw of
PW3, though stated that used to come to shop as one of the consumer.
27. In this connection, PW3 Shaik Munna, autorickshaw driver, of course has stated that the accused boarded his autorickshaw at Bangarupalem to go to Govardhanagiri cross road on 05.05.2012 at about 4.30 p.m and got down auto rickshaw at Govardhanagiri cross.
The evidence of PW3, the driver of the autorickshaw even if accepted as gospel of truth, may be sufficient to prove that on 05.05.2012, at about 4.30 p.m, the accused boarded the autorickshaw at Bangarupalem and got down at
Govardhanagiri cross and nothing more. The circumstance is not an incriminating circumstance against the accused.
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28. Circumstance No.3: THE ACCUSED CONFESSED ABOUT THE
COMMISSION OF THE OFFENCES OF RAPE AND MURDER BEFORE PW9
GUNDUPALLI PRATHAP REDDY ON 29.05.2012 AT ABOUT 9.00 A.M.
Touching this aspect of the case, it is the case of the prosecution that on 29.05.2012 at about 9.00 a.m, the accused voluntarily approached PW9, the
Village Revenue Officer, Bangarupalem and made extra judicial confession, confessing about the commission of the offences of rape and murder.
29. The accused retracted the alleged extrajudicial confession as can be seen from the tenor of cross examination. Before adverting to adjudicate upon whether the accused made extrajudicial confession as reported by PW9 under Ex.P4 and whether it is an incriminating circumstance, it is quite essential to have a glance on the settled proposition of law pertaining to the evidentiary value to be attached to the extra judicial confession.
The Apex Court in Baldev Singh Vs. Stage of Punjab, 2010 (1) ALD (Crl.) 529 (SC) has held that extra judicial confession by itself cannot be held to be sufficient for recording a judgment of conviction since the said evidence in general being of a weak nature.
The Apex Court in another decision in the case of S.Arul Raja Vs.
State of Tamil Nadu, 2010 SAR (Criminal) 711 (SC), held that extra judicial confession, if voluntary can be relied upon and the evidentiary value must be judged in the facts and circumstances of the individual case; that extra judicial confession if voluntary made and fully consistent with the substantial evidence can be relied upon along with other evidence.
A Division Bench of Hon’ble High Court of Andhra Pradesh in
Allaparthi Naresh @ Pasi Vs. State of Andhra Pradesh, 2011 (3) ALT (Crl.) 83
(DB)(AP), has held that extra judicial confession cannot be believed, if it is not 14 recorded in verbatim as stated by the accused.
In a recent judgment, the Apex Court in the case of Pancho Vs. State of
Haryana, 2012(2) ALT (Crl.) 226 (SC), has held that the Court cannot start with the confession of a coaccused, but it must begin with other evidence adduced by the prosecution.
30. Keeping in view the above well annunciated principles of law governing the subject of extra judicial confession, the evidence touching this aspect of the case has to be scrutinized.
31. As already referred to above Ex.P4 report prepared by PW9, basing on the alleged extrajudicial confession of the accused, does not bear the signature of the accused, the alleged maker. Ex.P4 is only a report, but not the statement of the accused recorded in verbatim as stated by the accused.
32. The Division Bench decision of Hon’ble High Court of Andhra
Pradesh in Allaparthi Naresh @ Pasi Vs. State of A.P., 2011(3) ALT (Crl.) 83
DB)(AP), squarely applicable to the facts and circumstances of the case and therefore Ex.P8 on that ground alone, cannot be accepted.
There is no acceptable evidence on record to prove that the accused has acquaintance with PW9 and has reposed confidence in PW9 so as to approach and make extrajudicial confession. Therefore, the evidence of PW9 that the accused made extrajudicial confession is highly improbable and unnatural to believe. The evidence of PW9 and the contents of Ex.P4 is wholly insufficient to hold that the accused made extra judicial confession and that it is voluntary and acceptable.
33. The prosecution failed to establish beyond any reasonable doubt that the accused made extrajudicial confession before PW9 and thus, failed to prove 15 this circumstance also.
34. Circumstance No.4: PURSUANT TO THE DISCLOSURE
STATEMENT IN THE CONFESSIONAL STATEMENT OF THE ACCUSED DATED
29.05.2012, the INVESTIGATION OFFICER, SEIZED THE WEARING APPARELS
(MOS.9 TO 11) AT THE TIME OF THE COMMISSION OF THE OFFENCES.
Touching this aspect of the case, it is the case of the prosecution as projected through the evidence of PW16, the investigation officer and PW12
P.M.Ravi that on interrogation, the accused confessed about the commission of the alleged offences and made Ex.P9 disclosure statement about the secreting his wearing apparel wore at the time of the commission of the offences in his residential house and that if, the police party accompany, he will produce and accordingly, produced and seized Mos.9 to 11 under the cover of Ex.P14 seizure panchanama.
35. It is the case of the prosecution that the accused committed rape and then killed the deceased. For the reasons best known, the investigation officer, did not choose to forward Mos.9 to 11, the alleged wearing apparel i.e., shirt, pant and underwear to Regional Forensic Science Laboratory to detect the spermatozoa or blood stains so as to match. Absolutely, there is no medical evidence on record to prove that the deceased was subjected to sexual assault, immediately prior to her murder. Ex.P6 postmortem certificate also does not disclose any symptoms of sexual assault.
In the absence of any proof that the deceased was subjected to sexual assault, the evidence of PW15 Dr.Vinayak, who examined the accused and opined under Ex.P9 that there is nothing to suggest that the accused is incapable of performing sexual act, does not in any way advance the case of the prosecution to prove the charge under Section 376 IPC.
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36. Though, the evidence of PW16 and PW12 coupled with the contents of Ex.P9 is admissible in evidence under Section 27 of Evidence Act, absolutely, no proof about the complicity of the accused for the charge under
Section 376 IPC.
Therefore, it can be said without any hesitation that the prosecution failed to prove this circumstance also.
37. It is the specific case of the prosecution that the deceased
Dhanalakshmi, on 05.05.2012 at about 9.00 am left Govardhanagiri village for
Chittoor to pay examination fee, as she failed in Economic subject and that she paid the fees at Chittoor on that day. As rightly contended by the learned counsel for accused, the investigation officer for the reasons best known, did not choose to investigate whether infact, the deceased Dhanalakshmi paid examination fee as on the date, so as to probablize the case of the prosecution.
38. The prosecution failed to prove the alleged circumstances muchless beyond reasonable doubt. The rest of the evidence pertaining to the nature and cause of death, location of the crime scene and other circumstances; does not in any way establish the complicity of the accused in the commission of the offences.
39. In the light of the above discussion, I hold on the point that the prosecution failed to establish the guilt of the accused for the charges under Section 302 and 376 IPC beyond any reasonable doubt and therefore, the accused is entitled for the benefit of doubt and consequential acquittal.
Point is answered accordingly.
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40. In the result, the accused is found not guilty for the charges
under Sections 376 & 302 IPC and accordingly, he is acquitted of the said
charges under Section 235 (1) Cr.P.C.
The bail bonds of the accused and his sureties shall be inforce for a period of 6 months.
MOs.1 to 11, the nonvaluable items of the case property are ordered to be destroyed after the expiry of time to prefer appeal.
Forward MOs.1 to 11 to the Court of III Additional Judicial
Magistrate of I Class, Chittoor, (Committal Court), for carryingout the order
of disposal of the case property.
Dictated to the Personal Assistant, after his transcription, corrected and
pronounced by me in open court, this the 21st day of May, 2014.
Sd/L.Ravi Babu.
SESSIONS JUDGE .
Appendix of Evidence
Witnesses examined:
For Prosecution:For Defence: NONE
P.W.1: Madhavaram Rajaiah P.W.2: Lekkalapudi Gopal Naidu P.W.3: Shaik Munna P.W.4: Nannuri Sivaji P.W.5: Madhavaram Janaki P.W.6: Mapakshi Bhujatha P.W.7: Kurakula Narayanaswamy P.W.8: Mudinur Tirumalachari P.W.9: Gundupalli Prathap Reddy P.W.10: Papula Ramesh P.W.11: Dr.G.Ramanji P.W.12: P.M.Ravi P.W.13: G.K.Shivaprasad P.W.14: Anke Hari Prasad, SubInspector of Police. P.W.15: Dr.Vinayak P.W.16: C.Chandrasekhar, Inspector of Police.
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Exhibits marked: For Prosecution:
Ex.P.1: .. Written complaint given by PW.1 Ex.P2: .. Relevant portion of 161 Cr.P.C. statement of PW.7 Ex.P3: .. Relevant portion of 161 Cr.P.C. statement of PW.8 Ex.P4: .. Written Report dated 29.5.2012 given by the Village Revenue Officer (PW.9)
Ex.P5: .. Inquest report Ex.P6: .. Post Mortem Certificate Ex.P7: .. Regional Forensic Science Laboratory report Ex.P8: .. First Information Report Ex.P9: .. Potency certificate of the accused Ex.P10:..Rough sketch Ex.P11:.. Positive photographs, two in number, along with Compact Disc. Ex.P12: ..Letter of advice Ex.P13: ..Disclosure statement in the confessional statement of the accused. Ex.P14: ..Seizure panchanama Ex.P15: ..Final opinion
For Defence: NIL
Material objects
M.O.1 :Chunni M.O.2 : College bag M.O.3 :Pad M.O.4 :Book M.O.5 :Guide M.O.6 : Dark red colour upper top M.O.7 :Dark red colour lower pant M.O.8 :Yellow colour bangle pieces M.O.9 :Orange colour full shirt. M.O.10:Gray colour pant M.O.11: Blue colour underwear.
Sd/L.Ravi Babu.
SESSIONS JUDGE.