HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL NO.1753 of 2007 JUDGMENT: (Per Hon’ble Sri Justice Raja Elango) This Criminal Appeal is directed against the conviction and sentence recorded in S.C.No.401 of 2005 by the Metropolitan Sessions Judge, Hyderabad, vide judgment dated 07.11.2007, whereby the learned Sessions Judge convicted the appellant-accused herein under Section 235(2) Cr.P.C. for the offences punishable under Sections 302, 379 and 201 of IPC and, accordingly, sentenced her to suffer imprisonment for life and also to pay a fine of Rs.10,000/- in default to suffer simple imprisonment for a period of six months for the offence under Section 302 IPC, to undergo rigorous imprisonment for three years and to pay a fine of Rs.1,000/- in default to suffer simple imprisonment for one month for the offence under Section 379 of IPC and to suffer rigorous imprisonment for seven years and to pay a fine of Rs.10,000/- in default to suffer simple imprisonment for six months for the offence under Section 201 of IPC. The brief facts of the case, as per the investigation conducted by the Investigating Agency, are as follows: i) On 28.06.2003 at 18.00 hours P.W.50, Inspector of Police, P.S. S.R.Nagar, Hyderabad, received a message from P.W.49, Sub- Inspector of Police, S.R. Nagar P.S., about the information received from P.W.1, Sub-Inspector of Police, Jubilee Hills P.S., Hyderabad. On that, P.W.50 rushed to the scene of offence and P.W.1 submitted a written complaint in Telugu in Ex.P.1 to him at Flat No.101, Bhanu Towers, Kalyan Nagar, Venture-III, Borabanda, Hyderabad. ii) The brief facts of the complaint are that on 27.6.2003 P.W.4 came to his Police Station and reported that his uncle T. Prabhakar, aged 46 years, (hereinafter referred to as “the deceased”) left the printing press on 25.6.2003 at about 6.30 p.m. and did not return. On that, he registered a case in Crime No.202 of 2003 under the head of ‘Man Missing’ and started investigation. During the investigation, he collected the telephone call particulars of Reliance mobile phone number 33833339 of the missing person and came to know that as many as 18 calls had come from one phone i.e., 55692502. On that, he along with P.W.4 went to the house having the said phone. There, one woman by name Sailaja (accused) was there. On enquiry, she did not give proper reply. On suspicion, when he searched the house, a plastic bag was found in the balcony. On opening the plastic bag, the body of a male person from waist to knees is found. On search for the remaining parts, two plastic bags were also found in a blue colour plastic drum in the store room by the side of kitchen. On opening them, head is found in one bag and the chest part is found in another bag. On seeing the head, P.W.4 identified it as his uncle Prabhakar. On enquiry, the accused told that one Ranjit brought the deceased to her house on 25.6.2003 and on 28.6.2003 Ranjit asked her to go into another room. After some time, she came out and saw Ranjit cutting the body of the deceased into pieces and tying them into plastic bags. They kept one bag in balcony and two bags in the plastic drum in the store room, by the side of kitchen and Ranjit took out one bag. iii) On receipt of Ex.P.1 complaint, P.W.50 sent the same to P.S. S.R.Nagar after making endorsement for registration of a case. Accordingly, P.W.49 registered a case in Crime No.720 of 2003 under Section 302 of IPC and sent a copy of F.I.R. to P.W.50 for investigation. P.W.50 conducted scene of offence observation-cum- seizure panchanama on 28.6.2003 during which the plastic blue colour drum, blood stained blue colour children pant, blood stained blue colour half pant, one multi colour blood stained plastic sheet, three blood stained plastic bags, in which dead body parts were kept, were seized in the presence of P.Ws.21 and 22. Five cotton swabs containing blood stains from the attached bath room, plastic drum, floor of the kitchen and north-eastern balcony and a control cotton swab were also collected with the assistance of the Clues Officer, C.C.S., Hyderabad. Photographs of the scene of offence were taken by P.W.42. He drafted rough sketch of the scene of offence. The parts of the body were sent to Gandhi Mortuary for preservation through P.W.28, P.C.5722, S.R. Nagar P.S. iv) The missing body parts i.e., both hands and legs of the deceased were found in a plastic bag on the terrace of Bhanu Towers on 29.6.2003 at 9.00 a.m. which were seized under the cover of a Panchanama in the presence of L.Ws.45 and 46 and sent the body parts of the deceased to Gandhi Hospital Mortuary through L.W.59. Inquest was conducted over the dead body of the deceased at Gandhi Hospital, Secunderabad, on 29.6.2003 in the presence of P.W.23 and one Dommeti Sree Veera Venkata Krishna Murthy, during which P.Ws.1, 3 to 5 and 31 including the suspect P.W.43 M. Ranjith Kumar were examined. P.W.29 took the photographs of the dead body of the deceased at Gandhi Hospital Mortuary. After inquest, the dead body was sent to P.W.30, Asst. Professor, Department of Forensic Medicine, Gandhi Medical College, Hyderabad, for post mortem examination. v) During further investigation, P.W.12, Bhanu Towers Watchman’s son, who brought Phenyl bottles, on 28.6.2003 in the afternoon for the accused, P.W.13, neighbouring watchman’s son, who brought acid bottles for the accused and P.W.14 from whom P.Ws.12 and 13 purchased phenyl and acid bottles respectively and P.W.35, who shifted the Kinetic Nova bearing No.AP 9AQ 1719 of the deceased from Bhanu Towers to Rahmath Nagar, on the night of 25.6.2003, the day of missing of the deceased, on the request of the accused, were examined and recorded their statements. vi) On 30.7.2003 the accused confessed that her husband K.Venkata Ramaiah tried through one Rama Devi to go to U.S.A. for job after paying Rs.2.00 lakh to one Kavita. He left Hyderabad for Madras to go to U.S.A. in May 2002 and since he could not get visa, he remained in Madras only, still trying to go to U.S.A. This fact was kept secret. She was telling her relatives that her husband was in U.S.A. She ran into debts to maintain herself and her husband at Madras. P.W.43’s father Sri Janardhana Rao gave her about Rs.1.00 lakh for sending him to U.S.A. P.W.43 was pressuring her for return of money. She asked a loan of Rs.2.00 lakh from the deceased and he brought Rs.1.40 lakh on 25.6.2003 at about 6.45 p.m. to her house, gave that amount, asked her to cohabit with him. When he complained of headache, she administered nail polish remover to him and later he became unconscious. Again, she administered the same to him. On 27.6.2003 she took six gold rings and one gold chain from the deceased and mortgaged the same with Bhav Sagar Moneylenders and Pawn brokers for Rs.12,000/- on 28.6.2003 and on the same day she found him dead. Then, having decided to dispose of the body by cutting into pieces, she cut the body into parts, put into plastic bags, kept one bag on the terrace of their apartment to dispose of. Later, threw away the pant, shoes etc., on the back side of their apartment and threw away two knives and butcher’s knife with which she cut the body into parts in open place near to her house. Her confession was recorded under the cover of a confession panchanama in the presence of P.W.38 and one P.Muralidhar. Thereafter, the accused was arrested. In pursuance of her confession, six gold rings and one gold chain with “OM” pendant of the deceased were seized along with concerned receipt book from P.W.36 under cover of a seizure report in the presence of same panchas. The “Apsara” nail polish remover, her saree, petty coat, blouse etc., were seized from the house of the accused under cover of a seizure report in the presence of the same Panchas. The shirt of the deceased and three knives used in this offence were seized from bushes in an open plot, near to Bhanu Towers, under cover of a panchanama. One of the two shoes of the deceased was also seized from the road behind Bhanu Towers in the presence of the same panchas. vii) The accused was remanded to judicial custody through the V Metropolitan Magistrate, Hyderabad, on 4.7.2003 with a request to send her to the Department of Forensic Medicine, Gandhi Medical College, Hyderabad, for age determination of injuries. On 5.7.2003 P.W.30 Asst. Professor, Department of Forensic Medicine, examined the accused. After examination, the accused was sent to judicial remand. On 5.7.2003 P.W.50 secured P.W.37, Talari Keerthi and Talari Priya and recorded their statements respectively and P.W.37 produced Rs.1.00 lakh received from P.W.43, given by the accused. He also secured P.W.25 and B. Ramesh and seized the above amount under cover of seizure report. viii) The accused was taken on police custody on 18.7.2003 for a period of five days for the purpose of subjecting her to Polygraph test (Lie Detector) and for further interrogation. She was subjected to Polygraph test by P.W.48, Scientific Officer, APFSL, Hyderabad, who opined that the statement of the accused that she has killed the deceased, nobody was associated with her while killing him, she administered nail polish remover and she only was responsible for cutting the deceased into pieces, appeared to be true. She further confessed on 20.7.2003 in the presence of Syed Chand Pasha and Nasar Bin Suleman that on 28.6.2003 she returned to her flat at about 11.30 a.m. after mortgaging the gold of the deceased, found the deceased without any movement, she did not know whether he was alive or dead, she pressed the mouth and nose of the deceased for about five minutes continuously with her both hands at about 1.00 p.m. before cutting the body into parts, since she wanted to ensure his death before cutting. She also disclosed the names and addresses of persons to whom she had given the money taken from the deceased. ix) On 24.7.2003 P.W.8, wife of deceased, identified the gold jewellery seized from P.W.36 to be of his husband in the identification parade conducted by P.W.27. Subsequently, on receipt of transfer orders, P.W.50 handed over further investigation to the Inspector of Police, P.S. S.R. Nagar, Hyderabad who took up investigation in this case and verified the investigation and found it on correct lines. x) The doctor P.W.30, who conducted autopsy over the dead body of the deceased, opined that the cause of death is due to smothering with post mortem traumatic mutilation and he issued Ex.P.11 post mortem examination report. He also issued a certificate opining that the injuries sustained by the accused are simple in nature. xi) P.W.44, Asst. Director, APFSL, Hyderabad, who analyzed material objects, opined that blood is detected on item Nos.1 to 12 and 14, 15, 17, 18, 24, 25 and 26, origin of blood on item Nos.1 to 12, 14, 24, 25 and 26 is human and, blood group of blood stains on item Nos.1,2,5,6,7,8,9,10,12,14,24,25 and 26 is “A” group. P.W.45, Asst. Director, APFSL, Hyderabad, who analyzed material objects, opined that ‘Acetone’, a constituent of nail polish remover is found in seized nail polish remover bottle. P.W.46, Asst. Director, APFSL, who conducted DNA examination, opined that the STR analysis conclusively proves that source of item Nos.14, 17 and 18 match with source of item Nos.1, 3 to 12, 15, 24, 25 and 26 indicating that they belong to same biological origin. xii) As per the investigation, it is proved that the accused killed the deceased by smothering for the purpose of evading repayment of loan to the deceased, due to advances made by the deceased to the accused, after committing theft of gold jewelry on the person of the deceased, cut the deceased into parts and put them into plastic bags in order to secretly dispose of the body to screen the evidence. On the basis of the said investigation, charge sheet was laid against the accused for the offences under Sections 302, 379 read with Section 201 of IPC. The plea of the accused was of total denial. In order to prove the guilt of the accused, the prosecution examined PWs.1 to 50 and got marked Exs.P.1 to P.34 apart from the case property M.Os.1 to 22. On behalf of the defence, no witnesses were examined, but Exs.D.1 to D.3 were marked. After evaluating both the oral and documentary evidence available on record, the learned Sessions Judge found the accused guilty of the offences and, accordingly, convicted and sentenced her, as stated supra. Being aggrieved by the same, the accused preferred this appeal. We have heard the submissions made by the learned counsel for the appellant-accused and the learned Addl. Public Prosecutor for the State and also perused the entire record. Admittedly, there is no eye witness to the occurrence and the entire case of the prosecution rests on circumstantial evidence. P.W.4, who was working in Swetha Art Printers belonging to the deceased, gave report in Jubilee Hills Police Station about missing of the deceased. P.W.15 is the then Head Constable in Jubilee Hills Police Station. It is his evidence that on 26.5.2003 P.W.4 came to the Police Station and informed about missing of his relative Prabhakar since evening of 25.5.2003. P.W.15 flashed the said message to police control room and to all the police stations and asked P.W.4 to wait for one day. Ex.P.34 is copy of FIR in Cr.No.202 of 2003 of Jubilee Hills P.S. relating to ‘man missing’ case. P.W.4 deposed that on 25.6.2003 the deceased attended annual death ceremony of grand mother of one Srinivasulu at his house in Yousufguda between 2.00 p.m. and 3.00 p.m., that the deceased received four phone calls when he was in the house of Srinivasulu, that the deceased informed the caller through telephone “Madam you stay there where you are and I am getting amount”, and that two or three times the deceased repeated the same thing. He further says that the deceased came to the press at about 6.00 p.m. and left the press at 6.30 p.m. informing that he was going to see a Madam, and asked him to look after the press. He says that one hour thereafter the deceased telephoned to him three or four times, once for asking him to get his children from school to his house, and on other occasion enquiring whether any customer came to the press. He says that thereafter he received no phone call from the deceased and that the deceased did not come to the press for that night, and that on 26.6.2003 also the deceased did not come to the press and that two workers in the press informed him about their finding Kinetic Nova motorcycle belonging to the deceased in front of Sri Wine Shop at Rahmath Nagar. He says that after entertaining doubt, he directly went to Jubilee Hills Police Station and informed the police about the deceased leaving the press on 25.6.2003 and not turning up back till 26.6.2003 and finding his motor cycle near Sri Wine Shop at Rahmath Nagar. He says that the Head Constable asked him to wait for one more day, and asked him to take away motorcycle and come back in the next morning, if the deceased did not return home. P.W.4 says that on 27.6.2003 the deceased did not return home and that he went to Jubilee Hills Police Station and gave a written report. He says that when the police enquired him whether they are suspecting any person for missing of the deceased, he told the police that the deceased had taken Rs.2 lakh or Rs.3 lakh with him and that he was having Reliance Cell Phone Number 33833339. P.W.3 is brother of the deceased. He accompanied P.W.4 to Jubilee Hills Police Station on 27.6.2003. Wife of the deceased is daughter of P.W.5’s maternal aunt. P.W.1 is the then Sub Inspector of Police, Jubilee Hills Police Station. It is evidence of P.W.1 that on 27.6.2003 at about 1.00 p.m. P.W.4 came to the police station and complained about missing of his uncle Prabhakar since 26.5.2003 from 6.30 p.m. onwards. He registered written report of P.W.4 as case in Crime No.202 of 2003 under the head of “Man Missing”. He says that P.W.4 stated to him about the missed man having Cell phone No.33833339. He informed about man missing case to Control Room, gave Look Out Notice for the missing man and got published the item in news papers and informed all police stations about registration of the case relating to missing man. P.W.15 is the then Head Constable in Jubilee Hills Police Station. It is his evidence that on 26.5.2003 P.W.4 came to the police station and informed about missing of his relative Prabhakar since evening of 25.5.2003. P.W.15 flashed the said message to police control room and to all the police stations and asked P.W.4 to wait for one day. Ex.P.34 is copy of FIR in cr.No.202 of 2003 of Jubilee Hills Police Station relating to ‘man missing’ case. P.W.1 says that he addressed a letter to the Reliance Info Company for incoming and out going calls on 24.6.2003 and 25.6.2003 and that the Company gave floppy containing particulars to his constable and that the said floppy could not be opened in his station computer and that P.W.4 took the floppy saying that he would open the same in his printing press. He says that P.W.4 got the floppy opened and on the next day morning P.W.4 came and handed over the print out in the police station. It is contended that P.W.1 speaks about floppy whereas P.W.4 says that it was C.D. (compact disc). Though there is some discrepancy in aiming the electronic data container, the said discrepancy does not in any way go to falsity about the police collecting data from Reliance Company. Evidence of P.W.47 and Ex.P.30 proved the factum of P.W.1 collecting data in electronic form. P.W.1 took leads in the case from the information contained in the print out relating to incoming and out going calls from Cellphone of the deceased. P.W.1 says that on verification of the print out, he noticed that there were eighteen calls received from telephone bearing number 65692502 to Reliance Cell phone Number 33833339. He says that he asked his Head Constable P.W.2 to secure address particulars of Tata telephone bearing Number 55692502. P.W.2 deposed that on 28.6.2003 P.W.1 asked him to hand over a letter to Tata Tele Services, Basheer Bagh, Hyderabad to find out ownership particulars of telephone bearing number 55692502 and that he proceeded to Tata Tele Services Company near Lal Bahadur Stadium and handed over the letter and obtained ownership particulars of the said telephone and handed over the same to P.W.1 and that P.W.1 asked him to trace out address particulars of owner of the said telephone namely B.Kesoram Patel (P.W.35). Then P.W.2 along with P.Ws.3 to 5 went to the house bearing No.4-154 to the II Floor in Snehapuri Colony, Borabanda, Hyderabad and found the same locked. When it was informed to P.W.1, P.W.1 also came there. It is the evidence of P.Ws.1 and 2 that on enquiry, the neighbours informed that P.W.35 was having a steel shop at nearby place in Moti Nagar Chowrasta. P.Ws.1 and 2 and others located P.W.35 in his shop. It is evidence of P.Ws.1 and 2 that when enquired P.W.35, he told that though he was owner of the said Tata Telephone, he gave the said phone to one Sailaja (who is the accused herein). It is their evidence that P.W.35 lead all of them to Flat No.101 of Bhanu Towers in Kalyan Nagar and knocked the door and that the accused opened the door of the said flat. P.W.35 supported the evidence of P.Ws.1 to 5 in this regard. P.W.35 has no relationship with the accused, except the accused visiting his shop frequently as customer. It is his evidence that when the accused wanted help to have a telephone in her house in the place of another disconnected telephone, he gave address of one known person in Tata Telecom, but when the accused expressed that it may take some time for securing Tata Telephone, even after payment of money, he offered to give Tata Telephone bearing No.55692502 in respect of which, he sought disconnection previously. He gave the said telephone to the accused after applying for re- activation of the said telephone. Throughout the above investigation, P.Ws.3 to 5 also accompanied the police officers. It is their persistence and follow up which made the police officers to reach dead body of the deceased. Exs.D.1 to D.3 contradictions elicited in cross-examination of P.W.3 from his earlier statement to the police are on minor aspects of the case and they do not in any way falsify his evidence. It is the evidence of P.W.1 that after going to Flat No.101 of the accused, he saw land line phone on a television in that flat and that he made a phone call from his cell phone to Tata number 55692502 and immediately the telephone, which was on the television, rang up and that from the said fact, he confirmed its number. It is further evidence of P.W.1 that when he asked the accused, whether she telephoned to any one through her telephone, in first instance, she informed that she did not telephone to any one through her phone and that she informed about there being no missed calls and that then the accused admitted that she knows one Prabhakar (the deceased) and she went to his printing press two or three times for lamination of her certificates and for invitation cards for a function. While questioning the accused about the deceased and making calls to the deceased from Tata Land line located in her house, P.W.1 says that he felt some foul smell from inside the house and that, on suspicion, he asked P.W.2 to search the house and that while searching the house, they found one white plastic bag in balcony by the side of children’s bed room and there were blood stains on that bag and that when P.W.2 asked him to see the same P.W.1 also went and saw the bag. P.W.1 says that he called the accused and asked her regarding blood stains and about the bag and that the accused told him that she kept menstrual clothes in the bag. P.W.1 says that he also noticed blood stains on the floor of balcony and that he asked P.W.2 to turn the bag upside down and that from the bag, part of dead body of man from waist to knees fell down and that due to suspicion, he searched all rooms in that house and that in store room by the side of kitchen, there was blue plastic drum (M.O.1) and a white plastic bag and a violet coloured bag in M.O.1 along with some clothes. He says that he got the drum removed to kitchen room and opened white coloured bag and it was containing cut head of a man up to neck and that when he opened violet coloured bag, he found trunk of the body without hands. He says that he questioned the accused about the above things and that the accused expressed her ignorance about all those things and that on further enquiry she stated that on 26-06-2003 one Ranjith (P.W.43) brought the deceased to her flat and asked her to sit in another room and after some time, she observed P.W.43 cutting the body into pieces and keeping parts into plastic bag and keeping one bag in balcony and two bags in drum and keeping the drum in store room and taking one more bag along with him. The questioning by P.W.1 and the answers given by the accused at that state are