HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL NO.1788 of 2007 JUDGMENT: (Per Hon’ble Sri Justice A. Gopal Reddy) This Criminal Appeal is filed by the State against an order of acquittal of the respondents-accused for the offence under Section 302 r/w 34 of IPC, passed by the Sessions Judge at Karimnagar, in Sessions Case No.942 of 2004, vide judgment dated 26.09.2005. 2. Briefly stated, the case presented by the prosecution before the trial Court, is as under: i) Accused No.2 and the deceased by name Mahankali are brothers and the relations between them were strained since few years in connection with adoption of deceased’s son by accused No.2 who had no male issues. The deceased was an employee in Singareni Collieries Company Limited and used to visit his native village Appannapet. Whenever he used to visit Appannapet, he used to consume liquor and visit the house of accused No.1. ii) On 27.4.2004 when the deceased consumed liquor, he found an amount of Rs.3,900/- missing from his purse, for which he suspected the daughter of accused No.2 who is wife of A.1. The deceased also convened a caste panchayat about missing of his money and the panchayat was postponed to 9.5.2004 as the deceased’s younger son, in whose name he has to take oath, was not available. On 7.5.2004, the deceased brought his younger son to Appannapet village to take oath in his name. The accused thinking that the deceased may take oath in the name of his younger son, decided to kill the deceased. iii) Accordingly, on 8.5.2004 at 10.30 a.m. finding the deceased sleeping in his house in drunken condition by keeping open the doors, both the accused went inside the house of the deceased, poured kerosene and set fire to him and ran away by throwing plastic can and bottle on the deceased. P.W.9, who came to the house of the deceased, saw both the accused running away towards canal from the direction of the house of the deceased and when he questioned them three days later as to why they were escaping from the house of the deceased, both the accused admitted that they have killed the deceased and also threatened him not to reveal the same to anyone. It was also witnessed by Dama Rayamallu. Thus, the accused committed an offence punishable under Section 302 r/w 34 of IPC for killing the deceased. The plea of the accused was of total denial. 3. In order to substantiate its case, the prosecution conducted trial by examining as many as 17 witnesses and marking Exs.P.1 to P.17 apart from M.Os.1 to 6. On behalf of the defence, no oral or documentary evidence was adduced. 4. The daughter of the deceased, on whose complaint (Ex.P.1), P.W.16 registered crime, is examined as P.W.1. P.Ws.2 and 6 are caste elders who convened panchayat, but postponed the same to 9.5.2004 for taking oath in the name of deceased’s younger son. P.W.3 is the auto driver in whose auto the deceased was shifted to hospital. P.W.4 is the younger son of the deceased. P.W.5 is the neighbour of the deceased, who having observed smoke coming from the house of the deceased, informed the same to P.W.1. P.W.7 is a private Medical Practitioner who treated P.W.4 for his sickness. P.W.8 is brother-in-law of the deceased, who three days after the death of the deceased, over- heard conversation between P.W.9 and Dama Rayamallu about killing of the deceased by the accused. P.W.9 is a witness who alleged to have witnessed both the accused running away from the scene of offence and three days after the offence, when he questioned, the accused alleged to have admitted the offence before him. P.Ws.10 and 11 are the photographers. P.W.12 is one of the mediators for the inquest held over the dead body of the deceased. P.Ws.13 and 15 are panch witnesses for the scene of offence and seizure of the material objects. P.W.14 is the Medical Officer who held autopsy over the dead body of the deceased and opined that the cause of death is due to 100% burns. P.W.16 is the then Sub Inspector of Police, Basanthnagar P.S. who on receipt of Ex.P.1 report from P.W.1 registered the same as Crime in question under Section 174 Cr.P.C. and investigated into the crime and on 12.6.2004, after recording the statements of P.Ws.8 and 9, altered the section of law to Section 302 of IPC and later handed over the case diary to P.W.17, the Inspector of Police, Peddapally, for further investigation, who after completion of investigation, laid charge sheet against both the accused for the offence punishable under Section 302 r/w 34 of IPC. 5. The learned Sessions Judge, on appreciation of oral and documentary evidence, was of the view that the prosecution miserably failed to bring home the guilt of the accused for the offence punishable under Section 302 r/w 34 of IPC and, accordingly, acquitted them of the said offence, through judgment, dated 26.09.2005. Being aggrieved by the same, the State filed this appeal. 6. Admittedly, there is no eye-witness to the occurrence and the case rests on the circumstantial evidence. To establish its case, the prosecution mainly relied on the evidence of P.Ws.8 and 9. 7. According to P.W.8, brother-in-law of the deceased, three days after the death of the deceased, when he went to a today tope, he over- heard conversation between P.W.9 and one Dama Rayamallu about the killing of his brother-in-law. When he enquired P.W.9, P.W.9 disclosed that both the accused killed the deceased. Then, he informed the same to P.W.16 on the same day i.e., on the third day after the death of the deceased. Whereas, according to P.W.16, it was on 12.6.2004 on which date he recorded the statements of P.Ws.8 and 9 and, on the basis of their statements, he altered the section of law from 174 Cr.P.C. to Section 302 of IPC. 8. Further, as per the prosecution, when P.W.9 went to the scene, he observed both the accused running away from the scene of offence and A.2 holding a can and that three days after the incident, when he was at a toddy tope, A.2 came there and stated that they killed the deceased and asked him to provide Rs.1,00,000/- to him to meet the expenses. But, according to P.W.16, Investigating Officer, P.W.9 did not state before him specifically as to which of the accused held the can, that three days after the incident, A.2 came to him and requested him to provide Rs.1,00,000/- to meet the expenses, and that three days after the offence, A.2 came to him and admitted the offence. 9. P.W.9 in his cross-examination stated that on the date of death of the deceased i.e. 8.5.2004 itself, the police examined him and recorded his statement at the Hospital, Karimnagar. Whereas it is the evidence of P.W.16 that on 12.6.2004 he examined and recorded the statements of P.Ws.8 and 9 and one Dama Rayamallu. P.W.16 also denied the suggestion that he has not examined P.W.9 and recorded his statement on 12.6.2004 and that on the next day after the incident, P.W.9 was examined at the Hospital, Karimnagar. It is also not the case of the prosecution that P.W.9 was examined twice i.e., on the date of the incident and three days after the incident. 10. In view the foregoing discussion, we are of the view that the prosecution utterly failed to prove the guilt of the accused for the offence punishable under Section 302 r/w 34 of IPC beyond all reasonable doubts and the conclusion arrived at by the trial Court for holding that the respondents-accused are not guilty of the said offence does not warrant interference by this Court. 11. The Criminal Appeal is, accordingly, dismissed. ____________________ A. GOPAL REDDY, J __________________ RAJA ELANGO, J 28th July, 2011 cbs HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL NO.1788 of 2007 (Judgment delivered by Hon’ble Sri Justice A. Gopal Reddy) (Dismissed) 28th July, 2011 cbs HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL NO.1788 of 2007 Dated:28-07-2011 BETWEEN: The State of A.P., rep. by the Public Prosecutor, High Court of A.P., Hyderabad. … Petitioner AND Jangili Komuraiah and another … Respondents/ Accused THIS COURT MADE THE FOLLOWING: