*HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE V.SURI APPA RAO + Criminal Appeal No.1123 of 2007, Criminal Appeal No.1124 of 2007, Criminal Appeal No.1158 of 2007 and Criminal Appeal No.1326 of 2007 % 20-4-2011 Criminal Appeal No.1123 of 2007: # Gandikota Venkateswarlu and another … Appellants/Accused 5 and 6 Vs $ The State of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of A.P., Hyderabad … Respondent Criminal Appeal No.1124 of 2007: # Smt. Jyothi Rayudu and another … Appellants/Accused 1 and 2 Vs $ The State of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of A.P., Hyderabad … Respondent Criminal Appeal No.1158 of 2007: # P.V.Ragini … Appellant/Accused No.3 Vs $ The State of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of A.P., Hyderabad … Respondent Criminal Appeal No.1326 of 2007: # K.Raghava Rani … Appellant/Accused No.4 Vs $ The State of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of A.P., Hyderabad … Respondent ! Counsel for the Appellants: Sri C.Padmanabha Reddy, Senior Counsel, Representing Sri C.Praveen Kumar and Sri D.Poornachandra Reddy Counsel for the Respondent: Public Prosecutor, High Court of A.P., Hyderabad. < Gist: > Head Note: ? Cases referred: 1. (2010) 2 SCC 748 2. 1994(1) An.W.R. 506 3. 2009 CRI. L. J. 2326 4. A.I.R. 1956 SUPREME COURT 404 5. 1995 CRI. L. J. 4148 6. (1995) 4 SCC 262 7. A. I. R. 2005 SUPREME COURT 402 8. (1997) 1 SCC 416 HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE V.SURI APPA RAO Criminal Appeal No.1123 of 2007, Criminal Appeal No.1124 of 2007, Criminal Appeal No.1158 of 2007 and Criminal Appeal No.1326 of 2007 Date: 20-4-2011 Criminal Appeal No.1123 of 2007: Between Gandikota Venkateswarlu and another … Appellants/Accused 5 and 6 and The State of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of A.P., Hyderabad … Respondent Criminal Appeal No.1124 of 2007: Between Smt. Jyothi Rayudu and another … Appellants/Accused 1 and 2 and The State of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of A.P., Hyderabad … Respondent Criminal Appeal No.1158 of 2007: Between P.V.Ragini … Appellant/Accused No.3 and The State of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of A.P., Hyderabad … Respondent Criminal Appeal No.1326 of 2007: Between K.Raghava Rani … Appellant/Accused No.4 and The State of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of A.P., Hyderabad … Respondent HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE V.SURI APPA RAO Criminal Appeal No.1123 of 2007, Criminal Appeal No.1124 of 2007, Criminal Appeal No.1158 of 2007 and Criminal Appeal No.1326 of 2007 Common Judgment: (per V.Suri Appa Rao, J.) Criminal Appeal No.1123 of 2007 is filed by accused 5 and 6, Criminal Appeal No.1124 of 2007 is filed by accused 1 and 2, Criminal Appeal No.1158 of 2007 is filed by accused No.3 and Criminal Appeal No.1326 of 2007 is filed by accused No.4 against the judgment of conviction and sentences dated 17-8-2007 in Sessions Case No.137 of 2000 passed by the learned Sessions Judge, Mahila Court, Vijayawada, Krishna district, whereby the appellants in Criminal Appeal Nos.1124, 1158 and 1326 of 2007, who are the accused 1 to 4, were convicted for the offence under Section 302 of the Indian Penal Code (for short, ‘I.P.C.’) and were sentenced to ‘imprisonment for life’ and to pay a fine of Rs.5,000/- each, in default to undergo simple imprisonment for one year each; they were further convicted for the offence under Section 348 of I.P.C., and were sentenced to suffer rigorous imprisonment for two years each and to pay a fine of Rs.1,000/- each, in default to suffer simple imprisonment for three months each; they were further convicted for the offence under Section 331 of I.P.C., and were sentenced to suffer rigorous imprisonment for two years each and to pay a fine of Rs.2,000/- each, in default to suffer simple imprisonment for six months each; and they were further convicted for the offence under Section 201 of I.P.C., and were sentenced to suffer rigorous imprisonment for two years each and to pay a fine of Rs.1,000/- each, in default to suffer simple imprisonment for three months each. 2. The appellants in Criminal Appeal No.1123 of 2007, who are the accused 5 and 6, were convicted for the offence under Section 302 read with Section 109 of I.P.C., and were sentenced to ‘imprisonment for life’ and to pay a fine of Rs.5,000/- each, in default to undergo simple imprisonment for one year each; they were further convicted for the offence under Section 348 read with Section 109 of I.P.C., and were sentenced to suffer rigorous imprisonment for two years each and to pay a fine of Rs.1,000/- each, in default to suffer simple imprisonment for three months each; they were further convicted for the offence under Section 331 read with Section 109 of I.P.C., and were sentenced to suffer rigorous imprisonment for two years each and to pay a fine of Rs.2,000/- each, in default to suffer simple imprisonment for six months each; and they were further convicted for the offence under Section 201 read with Section 109 of I.P.C., and were sentenced to suffer rigorous imprisonment for two years each and to pay a fine of Rs.1,000/- each, in default to suffer simple imprisonment for three months each. 3. Aggrieved by the said conviction and sentences passed against the appellants, they preferred these appeals under Section 374 (2) of the Criminal Procedure Code (for short, ‘Cr.P.C.’). Therefore, all these appeals are being heard and disposed of by this common judgment. 4. The case of prosecution, in brief, is as follows: (a) On 30-4-1999 accused No.5 gave a complaint Ex.P-31 to P.W.41 Sub Inspector of Police, Payakapuram Police Station stating that his newly married daughter Gowri, aged 18 years was missing since 19-4-1999. P.W.41 registered the same as a case in Crime No.126 of 1999 under the head ‘woman missing’ and took up investigation. He also deputed P.W.30 R.Sankar Rao, a Police Constable attached to Payakapuram Police Station to search for one Kona Krishna Kumari (hereinafter referred to as ‘the deceased’) and one Vijaya alias Mary, who were suspected by the complainant behind the missing of his daughter. Therefore, P.W.30 along with accused 5 and 6 visited the house of P.W.8 Kota Narayana Rao and enquired his father P.W.9 Kota Suvarna Raju about the deceased. He came to know through P.W.9 that the deceased went to Ghantasalapalem. P.W.8 visited Ghantasalapalem on 01-5-1999 and informed the deceased and P.W.2 Dasi Baby Nancharamma, sister of the deceased about the enquiries made by P.W.30. (b) On 02-5-1999 P.W.30 followed by the accused 5 and 6 again made enquiries about the deceased and found her at the house of P.W.2. They asked the deceased to procure a photograph of the suspect woman Vijaya alias Mary and asked her to come to Payakapuram Police Station on 03-5-1999 after receipt of communication from the police station. (c) On 03-5-1999 at about 9 a.m., the deceased followed by P.W.8 Kota Narayana Rao went to Payakapuram Police Station and appeared before P.W.41 Sub Inspector of Police, Payakapuram Police Station. He examined the deceased under Section 161 of Cr.P.C about the suspect Vijaya alias Mary and let off her in the evening instructing to come to the police station on the next day i.e., on 04-5- 1999, but P.W.8 Kota Narayana Rao was asked to wait in the police station for further examination. (d) On the next day i.e., on 04-5-1999 at about 9.30 a.m., when the deceased attended the police station, P.W.41 Sub Inspector of Police was not present. She then requested P.W.14 P.V.Subrahmanyam, Station Writer to let off P.W.8 Kota Narayana Rao, who was detained at the police station as he is innocent in the matter and on the instructions of P.W.14 Station Writer, the deceased returned to the house and requested her brother-in-law P.W.4 Dasi Mangaiah to help her in releasing P.W.8 Kota Narayana Rao from Payakapuram Police Station. As P.W.4 Dasi Mangaiah did not show any interest she sought the help of P.W.7 Thota Anand Kumar, who is a friend of P.W.4 Dasi Mangaiah. (e) On the same day at about 7 p.m., the deceased accompanied by P.Ws.4, 6 and 7 Dasi Mangaiah, Cheeli Kasulu and Thota Anand Kumar, respectively, went to Payakapuram Police Station and as P.W.41 Sub Inspector of Police was not present they waited for his arrival as per the advice of P.W.14 Station Writer. As P.W.41 Sub Inspector of Police did not return to the police station even by 11.45 p.m., the deceased was let off. Then P.W.7 Thota Anand Kumar took the deceased on his motorcycle to his Railway Quarter and gave Rs.20/- to P.W.6 Cheeli Kasulu to meet his conveyance. P.W.7 Thota Anand Kumar reached the Railway Quarter along with the deceased and taking advantage of her dire need of money, influenced her and took her to his bed-room. After some time P.W.6 Cheeli Kasulu reached the Railway Quarter of P.W.7 Thota Anand Kumar and knocked the door. Then P.W.7 Thota Anand Kumar opened the door and asked him to wait in the verandah and had coitus with the deceased and paid Rs.100/- to her as consideration and dropped her on his motorcycle at about 2.30 a.m., on the intervening night of 04/05-5-1999 at her house. P.W.6 Cheeli Kasulu followed them on foot. (f) On 05-5-1999 from 8.30 p.m., to 12.30 a.m., on 06-5-1999 the accused 1 to 4 interrogated the deceased and beat her black and blue with sticks all over her body including the middle finger of right hand, on the right finger of left hand and unable to bear the pain and torture, the deceased passed urine in the room of accused No.1 itself. As per the instructions of accused No.1, the accused 3 and 4 took the deceased to toilet twice at about 9 p.m., and 10 p.m., and as per the directions of accused No.1, the deceased swept the police station and cleaned the office of the Sub Inspector of Police. The accused 5 to 7 and P.W.21 Kagitha Ravindra Babu alias Ravi were watching the proceedings. Later, accused 1 to 4 shifted the venue to the room situated adjoining to the lock-up room and continued interrogation and beat the deceased. (g) Despite severely beaten in the hands of the Police, the deceased relentlessly expressing to the accused 1 to 4 that she was innocent of the offence. At that juncture, the accused 5 to 7 intervened, called aside the accused 1 to 4 and advised them that the deceased could not come out with truth unless she was beaten severely. They further advised them that the deceased was a helpless, poor Scheduled Caste woman and nobody would support her even if anything happened to her. So saying the accused 5 to 7 promised the accused 1 to 4 some money as extraneous consideration and having been influenced by them, the accused 1 to 4 returned to lock-up, where the deceased was confined and started beating her severely. (h) At about 12.30 hours P.Ws.18 to 20 Motipalli Srinivas, Yalla Srinivasa Rao and Chithachalla Babu Rao, respectively, who were at the petrol bunk, heard the cries of the deceased from Mahila Police Station, came there and found the accused 5 to 7 were watching the proceedings and on seeing them, the accused 5 to 7 perturbed and went out from the station premises and P.W.21 Kagitha Ravindra Babu alias Ravi stood near the window, which was fixed to the wall of the adjoining room of the lock-up room. P.Ws.18 to 21 Motipalli Srinivas, Yalla Srinivasa Rao, Chithachalla Babu Rao and Kagitha Ravindra Babu alias Ravi, respectively, noticed through the window under the illumination provided by the lighting which fall into the room through the window, the accused 1 to 4 abusing the deceased in obscene language raising the name of her caste as “yeme mala lanja, Gouri, Vijaya yekkada vunnaro cheppave”, so saying they caught her head with their hands and hit it forcibly to the hook that was fixed to the wall of the lock-up, as a result she sustained an injury on her forehead. A stream of blood was flown out of it, due to which drenched her clothes. Finally the accused 1 to 4 pushed the deceased into the lock-up room and she fell on the floor in the lock-up room and subsequently died in the lock-up room itself. P.Ws.22 to 24 Mangalagiri Jawaharlal, Chukkada Umamaheswara Rao and Yalla Venkata Vara Prasad, respectively, noticed the accused 5 to 7 at Mahila Police Station along with P.W.21 Kagitha Ravindra Babu alias Ravi. (i) On 06-5-1999 at about 4.55 a.m., P.W.37 Ayanavarapu Gandhi, Head Constable and P.W.40 G.V.Prakash, Sub Inspector of Police, of Ibrahimpatnam Police Station visited Mahila Police Station and took accused No.3 to escort the victim in a rape case of their police station to the Government Hospital, Vijayawada and after examining the victim girl, they dropped accused No.3 at the hospital itself. (j) On the same day i.e., on 06-5-1999 at about 6.15 a.m., P.W.33 Mohammed Tahera Begum, Woman Home Guard of II Town Traffic Police Station, Vijayawada while going to toilet situated in the rear side of Mahila Police Station, noticed the deceased hanging to the ventilator of the lock-up. She immediately woke up P.W.31 Mathe Kanaka Chinthaiah, Head Constable and another Police Constable Abdul Rasheed (L.W.38) and informed the same to them. Both P.W.31 Head Constable and another Constable entered Mahila Police Station pushing the doors and found accused No.4 sitting in a chair in front of the seat of accused No.1 and they questioned her as to why it was happened, accused No.4 did not give any reply. P.W.31 Head Constable and another Constable entered the lock-up room and noticed the deceased hanging by her neck to the ventilator with the help of her saree, being her feet touched to the ground and also a pool of blood on the floor adjoining to the window on the southern wall and near her feet, besides a gaping lacerated injury on her forehead. (k) Accused No.1 then gave a complaint Ex.P-33 to P.W.42 J.S.R.Swamy, Sub Inspector of Police, Suryaraopet Police Station, Vijayawada extricating herself from the offence. P.W.42 Sub Inspector of Police then registered the same as a case in Crime No.148 of 1999 under Section 176 of Cr.P.C and investigated into the offence. He sent a copy of First Information Report along with requisition to P.W.43 Sri J.Janaki Rama Rao, Revenue Divisional Officer, Vijayawada, who conducted inquest over the body of the deceased in the presence of panch witnesses P.Ws.35 and 36, Boddu John Samuel Raju and Smt. K.Sudha, respectively and others and sent the corpse for post-mortem examination through P.W.12 Medapolu Premalatha, Woman Police Constable, Mahila Police Station, Vijayawada and another Police Constable N.V.Rama Rao (L.W.55), Law and Order, Suryaraopet Police Station, Vijayawada. He also seized an iron drum from the scene of offence in the presence of panch witnesses P.Ws.35 and 36 and others under a cover of mediators’ report. (l) P.W.39 Dr. P.Butchi Reddy, Professor and Dr. M.Madusudhan Reddy (L.W.50), Assistant Professor, of Department of Forensic Medicine, University General Hospital, Vijayawada conducted autopsy over the body of the deceased and found five injuries including the triangular shaped injury on her forehead, preserved viscera, vaginal swab, hyoid bone and bits of skin from the injury on forehead and around ligature mark and sent the hyoid bone and skin bits for histopathology examination. They also handed over the wearing apparel and ornaments of the deceased to N.V.Rama Rao (L.W.55), Police Constable. (m) At that stage, P.W.45 N.R.K.Paramahamsa, Deputy Superintendent of Police, C.I.D., Vijayawada took up investigation. He visited the scene of offence and seized the pieces of sticks from the scene of offence and a hook fixed to the lock-up wall in the presence of P.W.38 Kothapalli Venkata Surya Apparao and Rallabandi Venkatapathi Raju (L.W.48). He also collected blood stains from the scene of offence, viscera from the concerned and sent for Forensic Science Laboratory, Hyderabad for examination. (n) After receipt of the opinion of Dr. Krishna (L.W.51), Histopathologist, Nandamuri Taraka Ramarao Health University, Vijayawada and also the Chemical Examiners’ Report, P.W.39 Dr. P.Butchi Reddy, Professor and Dr. M.Madusudhan Reddy (L.W.50), Assistant Professor, of Department of Forensic Medicine, University General Hospital, Vijayawada, who conducted autopsy over the body of the deceased, issued final opinion stating that the cause of death of the deceased was due to head injury, which occurred six hours prior to the death of the deceased and hanging was post-mortem hanging and that the deceased would have sexual intercourse prior to 48 hours of her death. As per the Investigating Officer, P.W.7 Thota Anand Kumar had sexual intercourse with the deceased on the night of 04-5-1999. (o) P.W.45 Deputy Superintendent of Police arrested all the accused and sent them for remand and after completion of investigation, he filed a charge-sheet against the accused for the offences punishable under Sections 324, 342, 331, 302 and 201 read with Section 109 of I.P.C., and Section 3(2)(v)(vii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘the S.Cs. & S.Ts. (PA) Act’). 5. The learned Sessions Judge has framed charges under Sections 348, 331, 302 and 201 of I.P.C against the accused 1 to 4 and under Section 109 read with Sections 348, 331, 302 and 201 of I.P.C against the accused 5 to 7. The plea of the accused is one of denial. 6. Thereupon, the prosecution examined P.Ws.1 to 45 and relied on Exs.P-1 to P-43 and M.Os.1 to 9. 7. During the cross-examination of prosecution witnesses, the defence got marked Exs.D-1 to D-34. 8. After considering the entire evidence on record, both oral and documentary, at paragraph 65 of the impugned judgment the learned Sessions Judge observed that there was no direct evidence in this case that the accused 1 to 4 caused the offences as alleged by the prosecution. But, basing on the circumstantial evidence he found the accused 1 to 6 guilty for the offences with which they were charged and passed the impugned judgment of conviction and sentences, as stated above. 9. Aggrieved by the said judgment of conviction and sentences, the accused 1 to 6 have preferred these appeals. 10. The point for consideration is, whether the death of the deceased was homicidal or suicidal as per Ex.P-33 report lodged by accused No.1 ? 11. Point:- Admittedly, accused No.1 was working as Woman Sub Inspector of Police in Mahila Police Station, Vijayawada. She lodged Ex.P-33 report to the Sub Inspector of Police, Vijayawada City stating that accused No.4, who was working as Woman Police Constable in the same police station, informed her that the deceased might have resorted to hanging between 2 a.m. and 5 a.m., and on the basis of the same, P.W.42 Sub Inspector of Police, Suryaraopet Police Station registered a case in Crime No.148 of 1999 under Section 176 of Cr.P.C (enquiry by Magistrate into cause of death). 12. P.W.42 J.S.R.Swamy, Sub Inspector of Police, Law and Order, I Town Police Station, Vijayawada has stated in his evidence that immediately after receiving the report Ex.P-33 from accused No.1 he registered the same as a case in Crime No.148 of 199 under Section 176 of Cr.P.C., and he sent a requisition to the Revenue Divisional Officer along with First Information Report to conduct inquest over the body of the deceased. He also stated that he went to the office of the Revenue Divisional Officer to handover the First Information Report along with requisition, but the Revenue Divisional Officer was not available. He, therefore, handed over the same to the Superintendent of R.D.O office. Thereafter, he went to the police station along with two Police Constables and kept them to guard Mahila Police Station till the arrival of the R.D.O. 13. P.W.43 T.Janaki Ramarao, the then Revenue Divisional Officer, Vijayawada has stated in his evidence that on 06-5-1999 he was attending Janmabhumi Programme at Jaggaiahpet. He received a message from his office Superintendent at about 12 noon or 12.30 p.m., about the requisition received from P.W.42 Sub Inspector of Police, Suryaraopet Police Station to conduct inquest in respect of lock-up death occurred in Mahila Police Station. He, therefore, reached Mahila Police Station at about 2.30 p.m.. The Mandal Revenue Officer, Vijayawada Urban was also present there and assisted him. He found the body of the deceased in hanging position in the lock-up room of Mahila Police Station. He made preliminary enquiry regarding the police officials on duty and also made enquiries about the blood relatives of the deceased. He recorded the statements of the accused 1 to 4, who were working in Mahila Police Station and also P.W.41 Sub Inspector of Police, Payakapuram Police Station. He also recorded the statement of one Dasari Ranga Babu, a relative of the deceased. He observed the scene of offence in the presence of panchas. He also prepared Ex.P-15 inquest report. After conducting inquest over the body of the deceased, the dead body was sent to the University General Hospital, Vijayawada for post-mortem examination. Ex.P-23 is the video cassette record pertaining to inquest and observation of the scene of offence. At paragraphs 7 to 9 of the inquest report, the position of the dead body and the injuries found on the body of the deceased were noted and at paragraph 16 of the inquest report, it has been clearly mentioned that the deceased might have died due to the thick wound on her forehead and even though the dead body appears as hanging, her legs are touching the floor and having a slight bend at the knees. As her eyes and mouth are closed, he was of the opinion that her death is not due to hanging. As blood stains are there in two or three places in the lock-up room and also outside the room, he was of the opinion that the death might have occurred due to injury on the forehead. 14. P.W.42 J.S.R.Swamy, Sub Inspector of Police, Law and Order, I Town Police Station, Vijayawada has also stated in his evidence that on the next day i.e., on 07-5-1999 after receipt of the inquest report Ex.P-15 he altered the Section of law from 176 of Cr.P.C to 302 of I.P.C and issued Ex.P-22 altered F.I.R. 15. P.W.39 Dr. P.Butchi Reddy, Professor of Forensic Medicine, Siddartha Medical College, Vijayawada, who conducted post-mortem examination over the body of the deceased, has stated in his evidence that on 07-5-1999 on requisition from the Sub Divisional Magistrate, Vijayawada he conducted autopsy over the body of the deceased and found the following external injuries: (1) There is a contusion about 9.5 cm diameter just above knuckle of middle finger of right hand. (2) Contusion on the left hand above the knuckle of ring finger 0.5 cm in diameter. (3) Multiple bluish patches present on the front of both legs, show clotted blood on cut section. (4) Laceration middle part of forehead 3 cm x 4 cm triangular in shape, bone deep and margins contused. (5) Ligature marks 21 cm length, width 3.5 cm at the broadest shallow, in front of neck gong obliquely upwards to the right side of neck up to the mastoid process. Narrow on the right side of neck. Stopping at a point 7 cm away from the middle on the left side of neck. Ligature mark blackened, shallow, parchment like and harened. 16. P.W.39 Dr. P.Butchi Reddy further deposed that the injuries 1 to 4 are ante mortem in nature. He reserved the opinion regarding injury No.5 till the receipt of report from Histopathologist. Ex.P-8 is the post-mortem report issued by him. 17. He further stated in his evidence that after receipt of report from the Histopathologist, he gave Ex.P-9 final opinion about the cause of death of the deceased. According to him, the cause of death of the deceased was due to head injury and hanging