The High Court · 2025

Counsel for the Respondent: THE PUBLIC PROSECUTOR The Court delivered the following Judgment: THE HONOURABLE SRI JUSTICE K.SURENDER AND THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI CRIMINAL APPEAL No.72O of 2Ol8 JUDGMENTi @er the Hon'ble Si Justice K.surender) This Appeal is filed by the appellant/accused aggrieved by the Judgment, dated 18.72.2017, passed in Sessions Case No.572 of 2016 on the file of learned Additional Metropolitan Sessions Judge, Cyberabad, convicting the appellant/ accused for the offence punishable under Section 302 of I.P.C

2. Heard Sri Elavanatt Rajesh, learned legal aid counsel for the appellant/ accused and learned Assistant Public Prosecutor for the respondent/complainant-State.

3. The appellant, who is the grandson of the deceased, was convicted for murdering the deceased by beating her with a stick. The incident happened on the night of

23.05.2016. A complaint was filed on 24.O5.2O16, (that is next day of the incident), by PW1, who is the V.R.O. of Kandukur and Kothaguda villages. In the complaint he "Q6 '-!E 2 KS,J and JAK,J Crl.A.No 720 ot20l8 stated that the deceased was found dead in her house, and suspected that the appellant killed her for refusing to give her old age pension to him. All the villagers met VRO and informed him about the appellant killing the deceased. It is also stated that the appellant was earlier accused of committing rape on the deceased, and a case was registered in Kandukur Police Station. The appellant was also addicted to alcohol and was responsible for committing several serious crimes.

4. The investigating officer went to the scene of offence and conducted panchanama. Thereafter, the body was sent for post-mortem examination, after conclusion of inquest proceedings.

5. Learned Sessions Judge examined PWs.1 to 11, marked Exs.Pl to P6, and material object-MO.l-stick was also placed on record.

6. Learned Sessions Judge found favour with the version of the prosecution and convicted the appellant, on 3 KS,J and JAK,J Crl.A.No.720 of20l8 the basis of circumstantial evidence, though there were no eye witnesses to the incident.

7. Learned legal aid counsel would submit that, there are no eye witnesses to the incident, who saw the appellant committing the murder of the deceased. pW.3 stated that he saw the appellant beating the deceased in the night, and he intervened. The next day, the deceased was found dead in a pool of blood and appellant was running from the house. According to pW.3, he caught hold of the appellant and handed him over to the police. The said version of PW3 is contradicted by the version of investigating ofhcer, who stated that the appellant was caught two days after the incident. In the said circumstances, when the evidence of pW3 is doubtful, benefit of doubt has to be extended to the appellant.

8. PW. 1 is the VRO, who lodged the complaint. pW2 is the mother of the appellant. pW2 stated that the appellant used to harass the deceased for old age pension. PWs.3 to 6 are the neighbors to the deceased,s house. All of them stated that the appellant had severely 4 KS,J and rAK,J Crl.A.No.720 ol 20l8 beaten the deceased on the previous day. They interfered and stopped the appellant. However, the next day morning, the deceased was found dead in a pool of blood. s

9. The body was sent for postmortem examination and the postmortem doctor-PW1O found the following injuries on the body: " 1. Contused, Abrasion of O3xo5crms - obliquely placed on lateral border of eye extending on to cheek bone. )

2. Abrasion of O9x0.25cms crescent shape extending from medial end of cheek bone down wards to right angle of mandible.

3. Abrasion of 4xo.25cms horizontal placed on front of nose extended above two lower end of right eye lid.

4. teniar contusion of 8x0.25 cms obliquely placed - 14cms below the right elbow on front right forearm along with laceration of 2x1cms boney deep on upper end of fourth, injury.

5. Contused abrasion (Tram line imprint) of 12x1 cm on front of right chest, horizontally placed Bcms below the right nipple.

6. Contusion of 8x2 cms on left lumbar area (Loin) on back of chest.

7. On lower back of chest in midhne there are 3 in nos. horizontal, parallel contusions Icm apart measuring 6x5 cms, 5x5 cms, 5x5 cms. B. Contusion of 8x2 cms, horizontal place (Tram hne Shaped) on front of abdomen 1Ocm below to xiphistemum above the umbilicus.

9. Abrasion of 3x2 crms on outer expect of mid third of right thigh area. I 5 KS,J and JAK,J Crl.A.No.720 ot20l8

10. Abrasion of 3xlcms on front ald upper third of right leg. 11. 2 in nos. of abrasions of 3x0.5, 4x0.5 cms horizontally placed lcm of apart each other in middle of third right leg front side.

12. Abrasion of 3x3 cms on lateral end of Jeft eye to adjacent area of cheek.

13. Contused abrasion of 6x5 cms on front of right elbow horizontally placed. All the above injuries are external and the followrng are internal injuries:

14. Contusion of scalp 4x3 cms on left frontal area of skull, red in colour.

15. Contusion of scalp 5x4 cms on left occipital area of sku11.

16.Base of the skull fracture of Scms with red line rn middle left cranial fossa.

17. Diffused subdural occipital lobes of brain. hemorrhage over left temporal,

18. Chest: Right side chest ribs from IX to X fractured in para vertebral line (4cm with surrounding tissue contusion of inter chest wall of 8x4 cms. I9. Contusion of inner chest wall left para vertebral area extending from VIII-XII ribs Acms away from the vertebral column measuring 9x4cms. About SOOCC of fluid, clotted blood in the chest cavity 19A. Abdomen: Small intestines mesentry contused with about 200 CC of fluid, clotted blood in the abdomen cavity."

10. It is not disputed by the appellant during the course of cross examination that he was not living in said house. He did not even state in his examination under Section -,?-\-+\ .{* 6 KS,J and JAK,J Crl.A.No.720 ot20lE 313 Cr.P.C., that he was not present in the house when the incident took place.

11. PWs.3, 4, 6, and 7 have spoken about the continuous beating of the deceased-pochamma by the appellant, the previous night. As seen from the injuries received by the deceased, she was brutally beaten to death. It is not the case of the appellant that he went ) away from the house after PWs.3 to 7 arrived at the scene, and intervened.

12. The Statement of PW3 is that, they caught hold of appellant and handed him over to the police, which is incorrect. However, the said statement of PW3 cannot form basis to disbelieve the convincing and over-whelming evidence of witnesses, about the appellant beating the deceased severely on the previous night. According to PW6, the beating continued for about 2 hrs. Nothing is elicited in the cross-examination of witnesses, to disbelieve the continuous beating by the appellant. The 19 injuries found on the dead body of the deceased are 7 KS,J and JAK,J Crl A No ?20 of20l8 enough to conclude that it was the appellant's beating, which resulted in the death of the deceased. 13. The learned legal aid counsel argued that the witnesses were not present till the death occurred. The continuous beating by the appellant on the previous night, went on for two hours. The evidence of PWs.3, 4, 6, and 7 is believable and convincing. The injuries received by the deceased corroborates with the version of eye witnesses.

14. There are absolutely no grounds to interfere '"\,ith the conviction of the appellant.

15. Accordingly, the appeal is dismissed. Miscellaneous Petitions, pending if any, shall stand closed. To //TRUE COPY// SD/.B.SATYAVATHI JOINT REGISTRAR SECTION OFFICER /__ .l.TheAdditionalMetropolitansessionsJudge,cyberabadatLBNagar'(with records)

2. The Station House Officer , Kandukur Police Station' Ranga Reddy District 3. The Superintendent, Cherlapally Central Prison' Ranga Reddy District' 4. Two CCs to Public Prosecutor' High Court for the State of Telangana at Hyderabad. (OUT)

5. One CC to SRl. ELAVANATT RAJESH Advocate [OPUCj 6. Two CD CoPies kd \9r HIGH COURT DATED:1310212025 ) Judgment Crl.Appeal .No.720 ot 2018 :-_\ t \( r z 3l l.in 2025 4' t DI .spATCH cO DISMISSING THE CRI,.APPEAL .o(ft4 q &",