THE HON’BLE SRI JUSTICE A.GOPAL REDDY AND THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No. 347 OF 2007 JUDGMENT: (per the Hon’ble Sri Justice K.C.Bhanu) 1. This Criminal Appeal is directed against the judgment dated 31.1.2007 in Sessions Case No.67 of 2006 on the file of the Sessions Judge, Visakhapatnam, whereunder and whereby the appellant/sole accused was convicted of the offences punishable under Section 302 and 201 of the Indian Penal Code, 1860 (for short, ‘I.P.C.’), and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.1,000/-, and to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.1,000/- respectively. 2. The case of prosecution, in brief, may be stated as follows: The accused is resident of Borra Gatuvalasa village o f Ananthagiri mandal, Visakhapatnam district. The deceased Malli is no other than wife of the accused. They have three children and they were earning their livelihood by working as agricultural labourers. The deceased was in the habit of consuming toddy, and on account of the said vice, there used to be some quarrels between the couple. The accused used to beat the deceased, and the latter was in the habit of going to her parents’ house and coming back to the accused after some time. The accused became vexed with her attitude. On 01.03.2003, there was a Jathara (festival of village Goddess) at Borra caves, which is a nearby place to the village of accused, performed on the occasion of Sivarathri festival. The accused, the deceased and their children along with their relative, who visited their house in this connection, went to Borra caves to attend the Jathara. After attending the Jathara, the accused and the deceased returned to their house during night time, while the children and relatives remained at the Jathara. At 10.00 PM, there was a quarrel ensued between the accused and the deceased, wherein the deceased abused the accused. The accused having vexed with the attitude of the deceased, decided to get rid of her and pushed her down on ground. On that, the deceased fell down. The accused pounced upon her and pressed her neck severely with both his hands. The deceased wriggled for some time and ultimately breathed her last. Thereafter, apprehending action from police, the accused removed her saree and hanged the dead body of the deceased with it to a beam to make it appear that she committed suicide. When the children came to his house in the morning, the accused told them that their mother committed suicide by hanging and informed the same to villager. On 02.03.2003 at about 2.00 PM, the accused went o Ananthagiri police station and presented a report stating that his wife committed suicide by hanging. Basing on the same, P.W.8-Head Constable registered a case in crime no.9 of 2003 under Section 174 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’). On 03.03.2003, the accused, under the fear that the truth would be revealed during the course of investigation, approached P.W.6 and one Pangi Kiran Kumar at about 5.00 PM and confessed before them about the killing of his wife by throttling and gave a statement before them and requested them to surrender him to police. On that day at 7.00 PM, P.W.6 and the said Kiran Kumar produced the accused in Ananthagiri police station before P.W.9-Sub Inspector of Police. Thereupon, he altered the sections of law in the F.I.R. to the offences punishable under Sections 302 and 201 I.P.C. and issued fresh F.I.Rs. Thereafter, P.W.10- Inspector of Police took up further investigation, arrested the accused in the presence of P.W.6 and said Kiran Kumar and recorded confession of the accused. Subsequently, P.W.7-Magistrate recorded statements of P.W.6 and the said Kiran Kumar under Section 164 Cr.P.C. P.W.5-Doctor conducted autopsy on the dead body of the deceased and issued postmortem certificate opining that the deceased died of Asphyxia due to throttling and hyoid bone was fractured. After completion of investigation, P.W.10 laid the charge sheet. 3. The trial Court framed the following charges against the accused. “FIRSTLY, that you the accused Pangi Ramu on the intervening night of 1.3.2003/2.3.2003 at your house in Borra Gatuvalasa village did intentionally and knowingly cause the death of your wife Pangi Malli by beating her with hands and by pressing her neck and that you thereby committed the offence punishable under Section 302 IPC and within my cognizance. SECONDLY, that you on the same day at the same time and place, knowing that certain offence to wit, you caused death of Pangi Malli, by pressing her neck punishable under Section 302 IPC, did cause certain evidence of the said offence to disappear to wit, created a scene as if the deceased committed suicide by hanging with her saree with the intention of screening the offence of murder and thereby committed an offence punishable under Section 201 of Indian Penal Code and within my cognizance.” When the charges were read over and explained to the accused in Telugu, he pleaded not guilty and claimed to be tried. 4. To substantiate its case, prosecution examined P.Ws. 1 to 10 and got marked Exs.P1 to P19. 5. After closure of prosecution side evidence, the accused was examined under Section 313 Cr.P.C. to explain the incriminating evidence appearing against him in the evidence of prosecution witnesses. The accused denied the same and pleaded innocence. No oral evidence was adduced on behalf of the accused, but Exs.D1 and D2-contradictions were marked. 6. The trial Court, upon appreciation of the evidence on record, found the appellant/accused guilty of the charges levelled against him, and accordingly convicted and sentenced him as above. Aggrieved thereby, the present Criminal Appeal is preferred. 7. Now, the point that arises for determination is whether the prosecution is able to bring home the guilt of the appellant/accused for the offences punishable under Sections 302 and 201 I.P.C. beyond all reasonable doubt and whether the conviction and sentence recorded by the learned Sessions Judge are liable to be set aside or modified ? 8. The learned counsel appearing for the appellant contended that, there is absolutely no evidence to show that the accused caused the injuries to the deceased; that presence of the accused in the house of the deceased on the fateful day of the incident was not spoken to, by any of the witnesses, and that the evidence of the Doctor would go to show that the injuries were caused with blunt object whereas the accused stated that he gave injuries with hands and therefore the medical evidence is inconsistent with the prosecution case; that, the extra judicial confession said to have been made to P.W.6 cannot be accepted in view of the fact that he is not a reliable witness; that, all the proved circumstances, if taken together, they do not lead to an irresistible conclusion that the crime was committed by the accused and none else, and therefore, she prays to set aside the convictions and sentences recorded against the appellant/accused. 9. The learned Additional Public Prosecutor contended that the death of the deceased is homicidal; that, evidence of P.Ws. 2 and 3 is very clear that the accused was present in the house and there was no scope or possibility to any third person to enter into the house of the deceased in the night time; that the only possibility was available to the accused alone to commit the murder of the deceased because of some disputes between them; that the accused gave false explanation to police stating that the deceased committed suicide and the theory of committing suicide is ruled out by medical evidence; that, from the circumstances established by the prosecution, the only inference that can be drawn is that the accused alone is the assailant of the deceased and none else; that, the trial Court, upon considering the evidence on record, rightly convicted and sentenced the accused, and there are no grounds to interfere with the same. Hence, he prayed to dismiss the Criminal Appeal. 10. P.W.5 is the Doctor who conducted postmortem on the dead body of the deceased and found the following ante-mortem injuries. 1. Abrasion of ½” x ½” above the right shoulder joint caused due to hard and blunt surfaced object; 2. Abrasion of ½” x ½” on the left cheek caused due to blunt and hard object; 3. Abrasion of ¼” x ¼” on the back of the right hand at the knuckle of the middle finger caused due to blunt and hard object; 4. An abrasion of ¼” x ¼” to the (N.C.) of the left ring finger back caused due to hard and blunt object; 5. Abrasive ligature marking on the front of the neck 2 ½” of width and 8 ½” length with/and/with two vertical abrasive lines of ¼” length/on the right side of the neck within the ligature marking and three vertical abrasive line of ¼” each on the left side of the neck within the ligature markings caused due to sharp nails; 6. Abrasion of ¼” x ¼” at the lower border of the left mandible midpoint caused due to hard and blunt object; 7. Abrasion of ½” x ½” on the back of the right hand caused due to blunt and hard object; 8. Abrasion of ½” x ½” on the back of the left mid fore arm caused due to hard and blunt object; 9. Abrasion of ½” x ½” on the right lateral aspect of right upper arm caused due to hard and blunt object. On internal examination, he found fracture of both right and left carnuae of the hyoid bone with a conjection of underneath neck structure caused due to pressure on the front of the neck on both sides and of ante-mortem in nature. 11. Though it is the case of the accused that the deceased committed suicide, the possibility of the deceased committing suicide can be ruled out in view of the fact that when police held inquest on the dead body of the deceased, they found dead body in sitting posture and both the legs were touching the ground, and if that objective finding of the investigating officer can be taken into consideration, then it can be said that it is not a case of suicidal hanging. Ordinarily, in case of suicidal hanging, the body would be hanging to ceiling. On rare occasions, the knees would touch the floor. Practically, the evidence of Doctor and the recitals in postmortem examination remained unchallenged. Therefore, homicidal nature of death of the deceased is established beyond reasonable doubt. Now, it has to be seen whether the accused is the assailant of the deceased or not. 12. There is no direct evidence to substantiate the case of prosecution. The case rests upon circumstantial evidence. When a case rests upon circumstantial evidence, the law is well settled that the following tests have to be satisfied by the prosecution as laid down by the Apex Court in a decision in Padala Veera Reddy v. State of Andhra Pradesh & others[1]: 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. Bearing the above principles in mind, it has to be seen that whether the circumstances proved by the prosecution are sufficient to infer that the accused alone was responsible for causing the death of the deceased. 13. The accused is no other than husband of the deceased. They both were residing together in the house in Borra Gatuvalasa village of Ananthagiri mandal. P.W.2 is no other than son of the deceased and the accused. On the date of the incident, they were living together. As the date of the incident happened to be Sivaratri festival day, Jathara would be performed at Borra caves. The deceased, the accused and P.W.2 went to Borra caves on that day. After some time, according to P.W.2, the accused and the deceased returned to the house in the night, and on the next day morning P.W.2 came to the house and found his mother dead. 14. Immediately after the incident, the accused gave Ex.P1-report stating that he along with his wife and relatives went to Borra caves, and later, in early hours at 4.00 AM, he came to the house and saw his wife died due to hanging. It is further stated in the complaint that when he asked his wife to come along with him, she expressed that she was not feeling well and having stomach pain. But, in view of the evidence of P.W.2, the recitals in Ex.P1 are, on the face of it, false and misleading statements. 15. P.W.3 is the neighbourer. According to him, he was present in the house during night of 1/2.3.2003; during night time, he heard a quarrel which took place between the accused and the deceased; that, as it was a routine affair, he did not interfere, but on the next day, he found the dead body of the deceased. Nothing has been elicited in the cross-examination of this witness to discredit his evidence. Therefore, from the evidence of P.W.2, it is clear that both the accused and the deceased returned to the house from Jatara, and from the evidence of P.W.3, it is clear that just before the incident, a quarrel ensued between the accused and the deceased. Thereafter, the deceased must have beat his wife, and that is the reason why, P.W.5-Doctor found as many as 10 abrasions on the dead body of the deceased, which are ante-mortem in nature. Therefore, from the evidence of P.Ws. 2 and 3, there is no escape from the conclusion that, within all human probability, the crime was committed by the accused alone and none else. 16. Further, besides the evidence of P.Ws. 2 and 3, there is evidence of P.W.6, who is Village Secretary, to whom extra judicial confession is said to have been made by the accused. The law is well settled that if extra judicial confession is found to be true, trustworthy and voluntary, and the person to whom the said confession was made has no grouse or enmity against the accused, it can be acted upon even without corroboration. The evidence of P.W.6 would go to show that he was returning to Borra Gatuvalasa to attend his duty after providing medical treatment to his wife, and when he came to Muliguda junction to board a bus, he met his friend Pangi Kiran Kumar, who is Panchayat Secretary of Ananthagiri, and while they were waiting for bus, the accused came there at about 4.30 or 5.00 PM and informed that he beat his wife in drunken state and killed her by throttling and hanged her dead body to a beam with a saree around neck, and asked them to take to police station; then, he drafted Ex.P5-report and handed over Ex.P5 and accused to police. In view of the fact that P.W.6 was the Village Secretary of Borra panchayat, there was every scope for the accused for making the extra judicial confession with regard to killing of his wife with a view that he would help him in getting out of the case. P.W.6 has no prior enmity or grouse against the accused so as to implicate him falsely in a case of this nature. Further, immediately after the incident, admittedly, P.W.6 was not present in Borra Gatuvalasa village and therefore he would not be knowing as to how the deceased died. Therefore, unless the accused gave the confession, he would not have stated that the death of the deceased was due to throttling and that the accused hanged the dead body to a beam with saree around neck. 17. More over, medical evidence would go to show that it is a case of death by throttling. It also shows that the deceased sustained as many as 10 ante-mortem injuries. The inquest report shows that the body was hanging to ceiling and its knees were touching to the ground. Therefore, the extra judicial confession made by the accused is completely in corroboration with the other evidence on record. In the circumstances and in view of the fact that the extra judicial confession is completely in corroboration with the other evidence on record, it appears to be true and correct. Except giving a suggestion to P.W.6 that at the instance of police, he gave a false statement, nothing has been elicited to discredit the testimony of P.W.6 and the recitals in Ex.P5. In the absence of enmity or grouse, the evidence of P.W.6 can be accepted. Perhaps that is the reason why the trial Court also placed reliance on the evidence of P.W.6. 18. Therefore, from the circumstances, it can be inferred that on the fateful night, the accused and the deceased were present in the house during night time as they returned back to the house after attending Jathara at Borra caves, and immediately after returning to the house, a quarrel took place between the accused and the deceased, which was heard by P.W.3-neighbourer, who is a natural and probable witness and whose presence cannot be doubted, and on the next day morning, dead body of the deceased was found hanging to ceiling. His house is located at a distance of 30 yards opposite to the house of the deceased and the accused in village. Whatever happens inside the house of the accused and the deceased, it would be audible to the house of P.W.3. Similarly, P.W.3 has no grouse or enmity against the accused to implicate him falsely in a case of this nature. All these circumstances would unerringly point out towards guilt of the accused and none else. 19. Further more, giving false information to police is yet another additional link in the chain of circumstances. The accused tried to mislead police by giving a false information that his wife (the deceased) committed suicide. The theory of committing suicide can be ruled out completely in view of the medical evidence and the position of the dead body at the scene of occurrence. Considering these aspects and after an elaborate consideration of the evidence on record, the trial Court rightly convicted and sentenced the accused. None of the findings is shown to be illegal or improper. Hence, there are no grounds to interfere with the same. 20. In the result, the Criminal Appeal is dismissed, confirming the judgment dated 31.1.2007 in Sessions Case No.67 of 2006 on the file of the Sessions Judge, Visakhapatnam. -------------------------------- (A.GOPAL REDDY, J.) ----------------------- 19.07.2010 (K.C.BHANU, J.) DRK THE HON’BLE SRI JUSTICE A.GOPAL REDDY AND THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No. 347 OF 2007 (per the Hon’ble Sri Justice K.C.Bhanu) 19.07.2010 THE HON’BLE SRI JUSTICE A.GOPAL REDDY AND THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No. 347 OF 2007 Date: 19.07.2010 Between: Pangi Ramu, s/o. Ramanna …Appellant And The State of A.P. rep. by the Public Prosecutor, High Court of A.P., Hyderabad …Respondent [1] AIR 1990 Supreme Court 79