THE HON'BLE SRI JUSTICE A.GOPAL REDDY and THE HON'BLE SRI JUSTICE R. KANTHA RAO CRIMINAL APPEAL Nos.191 & 190 of 2008 COMMON JUDGMENT: (Per Hon’ble Sri Justice A.Gopal Reddy) The appellant/accused was put on trial for the offences under Sections 302 and 392/411 I.P.C, in Sessions Case No.477 of 2006 on the file of the VI Additional Sessions Judge (Fast Track Court), Rajahmundry, for causing death of Thammana Satyavathi on 30.04.2005 in between 16.00 hours and 18.00 hours at her house located in Tharvanipet, Mandapeta and committing theft of gold ornaments. The appellant was found guilty of the offence under Section 302 I.P.C, convicted therefor and sentenced to undergo imprisonment for life and to pay a fine of Rs.50/-, in default to suffer simple imprisonment for seven days, but, however, she was found not guilty of the offence under Section 392/411 I.P.C and acquitted of the said offence vide judgment dated 22.06.2007. Challenging the conviction and sentence, the appellant preferred Criminal Appeal No.191 of 2008 The appellant/accused was again put on trial for the offences under Sections 302 and 392 I.P.C in S.C.No.132 of 2007 on the file of VII Additional Sessions Judge, Kakinada, for causing the death of Mamidi Seetharatnam on 22.08.2005 at about 6.30 p.m., at her house situated in Diwanapu Street, Tuni, and committing theft of gold ornaments She was found guilty of the said offences, convicted therefor and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.100/-, in default to suffer simple imprisonment for one month for the offence under Section 302 I.P.C; and further sentenced to rigorous imprisonment for 10 years and to pay a fine of Rs.100/-, in default to suffer simple imprisonment for one month for the offence under Section 392 I.P.C, and both the sentences were directed to run concurrently vide judgment dated 12.07.2007. Challenging the conviction and sentence, the appellant preferred Criminal Appeal No.190 of 2008. Since both the offences committed by the appellant/accused are of same kind and have been committed with a span of 12 months, the appellant should be tried together by one and the same Court, but, she was tried separately and was convicted and sentenced as aforementioned. Hence, both the appeals are taken up together and disposed of by this common judgment. For the sake of convenience, hereinafter Thammana Satyavathi, who is the deceased in S.C.C.No.477 of 2007, will be referred to as “deceased No.1” and Mamidi Seetharatnam, who is the deceased in S.C.No.132 of 2007, will be referred to as “deceased No.2”. CRIMINAL APPEAL No.191 OF 2008: The case of the prosecution as narrated in S.C.No.477 of 2007, briefly stated as under: The accused introduced herself as Manga and joined as a maid servant in the house of deceased No.1 and P.W.1 with her two male children just two days prior to the date of offence i.e., 30.04.2005. On 30.04.2005 in between 16.00 hours and 18.00 hours, the accused beat deceased No.1 with casurine stick on her head twice and caused multiple injuries and robbed away eight gold bangles and one gold ring worth Rs.32,000/-. P.W.1, who is the grandson of deceased No.1, and who is residing with her, returned the house on 30.04.2005 at 5.30 or 6.00 p.m and found the house locked. He left the house and returned at 7.00 p.m. But, still the door was under lock. Then he went to all his relatives’ houses, which are situated surrounding to their house and enquired about deceased No.1, but in vain. Then he searched for the key in the window, where deceased No.1 used to keep it whenever she goes outside. But, he did not find the key. He again searched for deceased No.1 till 9.00 p.m. Then he got a doubt that something might have happened to deceased No.1. Immediately, he broke open the door of the house and found deceased No.1 in a pool of blood. On hearing the cries of P.W.1, the neighbours including his relatives gathered there. They shifted deceased No.1 to Krishnarjuna Chowdary Hospital, Mandapeta, where she was given first aid. Thereafter, she was shifted to Suraksha Emergency Hospital, Rajahmundry and from there she was shifted to Government Hospital, Kakinada. P.W.1 lodged a report in writing to Mandapeta Police Station. While undergoing treatment, deceased No.1 succumbed to injuries on 06.05.2005. On the basis of the report given by P.W.1 on 01.05.2005 at 00.30 hours, P.W.10-Sub Inspector of Police, Mandapeta registered a case in Crime No.34 of 2005 for the offence punishable under Section 394 I.P.C. On receipt of death intimation, he altered the Section of law from 394 I.P.C to Sections 394 I.P.C and 302 I.P.C and issued Ex.P.17 altered F.I.R to all the concerned. P.W.11-C.I of Police, on 01.05.2005, on receipt of telephonic information from P.W.10, went to Mandapeta Town Police Station, took up investigation, observed the scene of offence and got drafted the observation report under Ex.P.8, prepared rough sketch under Ex.P.18, got photographed the scene of offence by a private photographer under Exs.P.2 to P.7, seized M.Os.3 and 4 i.e., stick and blanket, examined the witnesses and on receipt of death intimation, he conducted inquest over the dead body of deceased No.1 and thereafter forwarded the dead body for post mortem examination. P.W.8- the doctor, who conducted autopsy over the dead body of the deceased, issued Ex.P.13 post mortem examination certificate opining that deceased No.1 died due to cardio cerebral injury (head injury). On 31.10.2005, P.W.11 arrested the accused and recorded her confessional statement in the presence of the mediators and after completion of investigation and receipt of all relevant documents, he filed charge sheet. On committal, the learned Sessions Judge framed charges against the accused for the offences under Sections 302 and 392/411 I.P.C. When the said charges were read over and explained to the accused in Telugu, she pleaded not guilty and claimed to be tried. However, she admitted about her joining as maid servant in the house of deceased No.1 on the advise of her husband and stated that on the date of incident, her husband entered into the house, beat deceased No.1 with a stick, took away bangles and ring and left the house; that thereafter after she also left the house of deceased No.1; that at the instance of her mother-in- law she confessed the guilt otherwise her two children will be separated from her and that at the instance of her mother-in-law and husband, she pledged the bangles and ring and paid the amount to them. To substantiate the accusation made against the accused, the prosecution examined as many as 11 witnesses and got marked 20 documents, besides material objects 1 to 4. On behalf of the accused, D.Ws.1 to 4 were examined and Exs.D.1 and D.2 i.e., contradictions in Section 161 Cr.P.C statement of P.W.3 and statement of Mutyala Ammaji were marked. The learned Sessions Judge, after critical analysis of the oral and documentary evidence adduced by the prosecution, particularly the admission of guilt of the accused, who was examined as D.W.1, has not accepted the plea of the accused that she has committed the said offence at the instance of her husband and mother-in-law, as she failed to prove the same; and held that the death of deceased No.1 was homicidal; that deceased No.1 gave an oral declaration to P.W.1, which was also reflected in Ex.P.1-report, which was given within three hours from the time of commission of the offence, and that the accused committed theft of gold bangles and ring, which were recovered pursuant to her confessional statement, and found her guilty of the aforesaid offences. Accordingly, the learned Sessions Judge, convicted the accused for the offence under Section 302 I.P.C and sentenced her as stated supra. However, as the offence under Section 392 I.P.C is minor offence included in Section 302 I.P.C, the learned Sessions Judge held that the accused need not be convicted again and accordingly acquitted her from the said charge. The accused has been provided with legal aid in preferring the appeal by appointing Smt. Nargis Afshan Khan, learned counsel, on her behalf. Heard the learned counsel for the appellant and the learned Additional Public Prosecutor, who have taken us through the impugned judgment and the entire evidence. P.W.1, who is the grandson of deceased No.1, and who is residing along with her, stated that on the date of offence at about 5.30 or 6.00 p.m. he returned to the house and as the house was locked he went outside; that at about 7.00 p.m, he again came to the house, but still the door was kept under lock; that he went to all their relatives’ houses, which are situated surrounding to their house and enquired about deceased No.1; that he searched for the key in the window, where deceased No.1 used to keep it whenever she used to go outside, but he did not find the key; that he searched for deceased No.1 till 9.00 p.m., and thereafter having got a doubt that something might have happened to deceased No.1, broke open the door of the house and found deceased No.1 in a pool of blood; then he raised cries and on hearing the same, the neighbours including his relatives gathered there; then they shifted deceased No.1 into the back yard of their house and cleaned her; when they enquired, deceased No.1, who was conscious, stated that the servant maid, namely, Manga robbed her eight gold bangles and gold Saibaba ring, and beat on her head with a stick; then they took deceased No.1 to Krishnarjuna Chowdary Hospital, Mandapeta, where the doctors gave first aid to her and referred to Suraksha Emergency Hospital, Rajahmundry; then deceased No.1 was shifted to Suraksha Hospital, where she was treated for two days and from there she was shifted to Government Hospital, Kakinada; that while undergoing treatment, deceased No.1 succumbed to the injuries on 06.05.2005 at about 10.00 a.m; that Ex.P.1-report was submitted by him in his own handwriting and the police examined him and recorded his statement and that the police called him to police station on two occasions. The first occasion was for the purpose of identification of the robbed gold articles and the second occasion was to identify the accused. Though P.W.1 was subjected to lengthy cross examination, his evidence has not been shaken. P.W.2, who is a resident of Mandapeta, deposed that deceased No.1 was his mother’s elder sister; that her house and deceased No.1’s house was combined; that on the date of offence, deceased No.1 brought her servant maid to her house; that the servant maid cleaned her house and left to the house of deceased No.1 along with deceased No.1 and that half an hour later, she observed the said servant maid proceeding towards the road in front of her house with two children. She corroborated the evidence of P.W.1 with regard to P.W.1 coming to the house and his leaving the place as the door was locked, enquiring about deceased No.1 and searching for her, breaking open the lock of the house and finding deceased No.1 in a pool of blood. P.W.3, who is also a resident of Mandapeta, deposed that deceased No.1 was the elder sister of his grandmother and that deceased No.1 informed them that the servant maid beat her and robbed away her bangles and ring. He also corroborated the evidence of P.W.1 with regard to shifting of deceased No.1 to hospital. P.W.8 is the doctor, who conducted autopsy over the dead body of deceased No.1. He gave Ex.P.13-Post Mortem Certificate opining that deceased No.1 died due to cardio cerebral injury (head injury) P.W.9 is the Magistrate, who held test identification parade in Crime No.34 of 2005 on the file of Mandapeta Town Police Station. He recorded the statement of all the witnesses including P.W.1 and all the witnesses identified the accused. In his cross examination, he admitted that the fourth witness by name Mutyala Ammaji (L.W.4) in her statement stated that she saw the accused in the office of Circle Inspector’s Office, Mandapeta as contained in Ex.D.2. P.W.11, who is the Investigating Officer, deposed that he arrested the accused on 31.10.2005 and recovered M.Os.1 and 2 i.e., eight bangles and one ring pursuant to her confession statement. The accused examined herself as D.W.1. In her evidence she admitted the guilt stating that her husband used to pre-plan as to in which house she has to join as servant and he used to select a house where the persons used to reside alone; that likewise once he asked her to join as a servant in a house at Mandapeta saying that she has to accept the work as servant in the said house even if they offer meagre amount as her monthly salary; that as per her husband’s plan, she joined in the said house as a servant maid and thereafter, her husband committed theft of some valuables in the said house; that again one month later, her husband asked her to join as servant maid in another house at Mandapeta; that before joining, he enquired about the said house and its occupants and told her that one old lady alone was residing in the said house; that as per the plan of her husband, they all together including her husband and children reached Mandapeta and accordingly, she joined in the said house (deceased No.1’s house); that on the date of occurrence, when deceased No.1 was watching Television by sitting on the cot, and except deceased No.1 none else were there, she closed the front door, spread the curtains and opened the back door; that at that time, her children were playing in the back yard; that when she gave an indication to her husband, her husband entered the house, picked up a stick and beat deceased No.1 on her head from her backside and robbed her eight gold bangles and one Sai Baba ring, which she pledged. When M.Os.1 and 2 were shown to her for identification purpose, she stated that they are similar to the gold articles robbed by her. She added that at the time of robbery, eight bangles and Sai Baba Ring were in old condition, but as new as M.Os.1 and 2. D.Ws.2 and 3 were examined to show the good character of the accused earlier to the incident, whereas D.W.4, who, is the brother of the accused, was declared hostile. The accused herself admitted about the commission of offence, but pleaded that it is her husband, who committed the offence, which has not been corroborated with any other evidence. P.W.2 deposed that on the date of offence, deceased No.1 brought the accused to his house and after cleaning the house she left his house to the house of deceased No.1 along with deceased No.1 and half an our thereafter, he observed the accused proceeding towards the road in front of his house with two children. Further, the evidence of the accused as D.W.1 discloses that it is the accused, who pledged M.Os.1 and 2. Further, the accused herself admitted that in earlier cases i.e., in C.C.No.88 of 2006 on the file of Judicial Magistrate of First Class, Alamuru and in C.C.No.1430 of 2005 on the file of II Additional Judicial Magistrate of First Class, Rajahmundry, she was convicted for the offences committed by her, apart from this case. Therefore, the learned Sessions Judge, rightly disbelieved the story of the accused that her husband hit deceased No.1, since except her evidence, she failed to prove any other circumstances to connect her husband with the commission of offence. Hence, the learned Sessions Judge rightly convicted and sentenced the accused as stated supra, and the impugned order dated 22.07.2007 does not call for any interference by this Court. CRIMINAL APPEAL NO.190 OF 2011 The case of the prosecution as narrated in S.C.No.132 of 2007 is briefly stated as under: Mamidi Sitaratnam (deceased No.2), aged about 60 years was residing in a house bearing D.No.6-22-32 along with her husband (P.W.1). P.W.2 used to work as a maid servant in their house. P.W.2 took leave prior to 22.08.2005 in order to attend the work in a marriage function in the house of one B.Satyanarayana of Tuni. The accused was employed in the place of P.W.2 temporarily to work as maid servant in the house of deceased No.2 and she started working from 6.00 a.m onwards on 22.08.2005. On the same day around 6.00 p.m, while deceased No.2 was watching Television, the accused with an intention to rob the jewellery from deceased No.2, took a cricket stump, beat on the head of deceased No.2 repeatedly and caused severe bleeding and fatal injuries. Thereafter, she committed theft of gold ornaments from deceased No.2 and left the place. P.W.2, who came to the house of deceased No.2 in the evening on 22.08.2005, saw the accused going from the house of deceased No.2 and later she saw deceased No.2 in a pool of blood. Then she shouted loudly by raising cries. On hearing the same, the neighbours came to the house of deceased No.2 and saw deceased No.2 with bleeding injuries and informed the same to her husband. Then the husband of deceased No.2 came to the house and shifted her to Care Hospital, Visakhapatnam. On the next day around 1.00 a.m, deceased No.2 succumbed to injuries. On receiving information from the son of deceased No.2 that deceased No.2 died while undergoing treatment and also with regard to the theft of gold ornaments from the person of deceased No.2, P.W.3, who is the nephew of deceased No.2 and P.W.1 went to Tuni Police Station and gave a report under Ex.P.1. Based on Ex.P.1- report, P.W.11-the then Inspector of Police, Tuni Police Station registered a case in Crime No.104 of 2005 for the offences under Sections 302 and 380 I.P.C and issued Ex.P.9- F.I.R. to all the concerned. P.W.17 is the Assistant Commissioner of Police. On receiving express F.I.R, he proceeded to the scene of offence, posted a guard at the scene of offence, deputed P.W.14 to conduct inquest over the dead body of deceased No.2, observed the scene of offence in the presence of mediators, got drafted the scene observation report-Ex.P.3, prepared the rough sketch of the scene of offence under Ex.P.14, and examined the witnesses and recorded their statements. On 23.08.2005, on requisition, P.W.10-Assistant Professor, Forensic Medicine, Andhra Medical College, Visakhapatnam, held autopsy over the dead body of deceased No.2 and opined that the cause of death was due to injury on her head, fracture of scull, intra cranial haemorrhage and injury to brain. Ex.P.8 is the post mortem report. After completion of investigation and receipt of all required documents, N.Suryachandra Rao (L.W.26) filed charge sheet. On committal, the learned Sessions Judge framed charges against the accused for the offences under Sections 302 and 392 I.P.C. When the said charges were read over and explained to the accused in Telugu, she pleaded not guilty and claimed to be tried. To substantiate the accusation made against the accused, the prosecution examined as many as 19 witnesses and got marked 14 documents, besides material objects 1 to 5. After completion of the prosecution evidence, the accused was examined under Section 313 Cr.P.C., with regard to incriminating material made against her by the prosecution, which she denied. However, she did not choose to adduce any evidence either oral or documentary on her behalf. The learned Sessions Judge, after critical analysis of the oral and documentary evidence adduced by the prosecution, particularly, the evidence of P.Ws.2, 7 and 13, who are totally independent and disinterested witnesses in the case of the prosecution, held that the prosecution could able to establish the guilt of the accused beyond all reasonable doubts and accordingly, convicted and sentenced her as aforementioned. The accused has been provided with legal aid in preferring the appeal by appointing Smt. Nargis Afshan Khan, learned counsel, on her behalf. Heard the learned counsel for the appellant and the learned Additional Public Prosecutor, who have taken us through the impugned judgment and the entire evidence. P.W.1, who is the husband of deceased No.2, is not an eyewitness to the incident. His evidence is not at all useful to the case of the prosecution. P.W.2, who is an independent witness deposed that she worked as maid servant in the house of deceased No.2 and P.W.1 for a period of five months prior to the date of occurrence; that she took leave for five days for attending the work in the house of Budia Satyanaraya in connection with a marriage in his house; that in those five days, she did not attend the work in the house of P.W.1; that she used to go to work at 6.00 a.m and come back at 7.00 a.m. and again go to work at 3.00 p.m and work for one hour in the evening time; that at the time of occurrence, she went to the house of Kumari-P.W.7 situated opposite to the house of P.W.1 in order to collect cooked rice and curry; that at that time she saw the accused in front of the house of P.W.1 and it was around 5.00 p.m; that when she questioned the accused as to whether deceased No.2 was in the house, she replied that deceased No.2 was watching Television; that she saw the accused going away with two boys and a basket; that thereafter, she went to the house of P.W.1 and rang the calling bell, but nobody came out, and then she went inside the house, and saw deceased No.2 in a pool of blood and that when she shouted loudly, the neighbours came there. Even though this witness was subjected to lengthy cross examination, nothing was elicited to discredit her testimony. P.W.7, whose house is situated opposite to the house of deceased No.1 and P.W.1, corroborated the evidence of P.W.2 with regard to the accused coming out of the house of deceased No.2 and later witnessing deceased No.2 in pool of blood. P.W.13 is another important witness. He deposed that on the date of offence at about 6.00 p.m, he saw the accused along with two children by the side of his house; that at that time, the accused was coming out of the house of deceased No.2 along with her two children; that at that time, he was going to shop and that around 8.30 p.m, when he returned from his shop, he was told that somebody beat deceased No.2 and stolen away her gold ornaments. The above evidence clearly discloses that on the date of occurrence, the accused joined as servant maid in the house of P.W.1 and deceased No.2, and left the house of deceased No.2 immediately after the commission of offence and no one entered into the house before P.W.2 entered into the house. Added to the same, the evidence of P.W.1 discloses that on the date of offence, he went to his shop; that somebody telephoned to him and informed that his wife was in a pool of blood; that immediately, he proceeded to the house and in the meanwhile, his son also came there; that they shifted deceased No.2 to Care Hospital, Visakhapatnam; that while undergoing treatment, deceased No.2 died; that he noticed missing of gold ornaments on his wife and that the accused joined in his house as servant maid in the morning on the date of offence. The gold ornaments which were recovered at the instance of the accused were identified by him. Further, the evidence of P.W.10, the doctor, who conducted autopsy over the dead body of deceased No.2, found as many as 12 antimortem injuries on the dead body of deceased No.2 and he issued Ex.P.8-post mortem certificate opining that deceased No.2 died due to head injury, fracture to skull, intra cranial haemorrhage and injury to brain. Therefore, the prosecution could able to prove that the death of deceased No.2 was homicidal. In view of the same, and since the evidence of P.W.2 was corroborated by the evidence of P.Ws.7 and