Telangana High Court
Golla Mogulaiah, Mahabubnagar Dt And 3 ... vs The State Of Telangana, Rep Pp., on 30 January, 2025
1
THE HONOURABLE SRI JUSTICE K.SURENDER
AND
THE HONOURABLE SHRI JUSTICE J.ANIL KUMAR
CRIMINAL APPEAL No.392 OF 2017
JUDGMENT:
(per Hon'ble Sri Justice K.Surender)
1. This appeal is filed by the appellants, aggrieved by the
judgment dated 31.03.2017 in Spl.S.C.No.64 of 2014, passed
by the Special Sessions Judge-cum-VII Additional District
and Sessions Judge at Mahabubnagar, convicting the
appellants/accused for the offence under Sections 450, 324,
302 r/w 34 of IPC and Section 3(2)(v) of SCs/STs (POA) Act,
1989 and sentencing them to undergo life imprisonment.
2. Heard Mr. M.Achutha Reddy, learned counsel for
appellants and Mr. Dodla Arun Kumar, learned Additional
Public Prosecutor appearing on behalf of respondent-State.
3. The appellants are arrayed as accused Nos.1 to 4.
During the pendency of appeal, accused Nos.1, 3 and 4 died.
Learned counsel argued on behalf of accused No.2 since
accused Nos.1, 3 and 4 died. The case stands abated against
accused Nos.1, 3 and 4. The present appeal is not pressed
against accused Nos.1, 3 and 4 and is heard in so far as
accused No.2 is concerned.
4. The case of the prosecution is that PW8, who is sister of
accused Nos.1 to 3 and daughter of accused No.4, was having
illicit intimacy with deceased. The deceased is the husband of
PW1. She lodged a complaint/Ex.P1 with the Police that her
deceased husband was having illicit intimacy with PW8. In
the midnight on 07.11.2013, deceased went to the house of
PW8 and she came to know that accused Nos.1 to 4 beat the
deceased with sticks and caused severe injuries. She went to
the house of PW8 and found her husband dead.
5. On the basis of complaint, which was lodged at 06.00
A.M. on 08.11.2013, the Inspector of Police PW13 took up the
investigation. He went to the house of PW8 and conducted
the scene of offence panchanama. There, one bamboo stick,
and blood stained earth, were collected. PW13 also concluded
the inquest proceedings. Thereafter, the body was sent for
post mortem examination.
6. On the basis of suspicion expressed by PW1, accused
Nos.1 to 4 were apprehended on 16.11.2013 i.e., 9 days after
the incident. At the instance of accused No.1, a pestle was
also seized, which is MO5.
7. During the course of trial, PW1, wife of deceased, PWs.
2, 3 and 4, who are residents of village, PW5 is the cousin of
the deceased, PWs.6 and 7 residents of village and also PW8
with whom the deceased had the illicit intimacy have all
turned hostile to the prosecution case. PWs.1 to 7 stated that
the dead body was found near the tank of the village. The
same is the version of PW8.
8. PW9, who is the VRO and acted as independent witness
to conduct scene of offence panchanama, spoke about the
scene, blood stained cloths of the deceased and their seizure
along with controlled earth at the scene. PW10 is the witness
to the alleged confession of accused Nos.1 to 4 and seizure of
MO5 pestle.
9. PW11 is the post mortem examination doctor who
stated that on account of head injury, there was respiratory
failure, resulting in death.
10. PW12 is the person who registered the crime on the
basis of complaint given by PW1. PW13 is the investigating
officer who stated about going to scene on receiving Ex.P1
and conducting scene of offence panchanama, inquest
proceedings and thereafter, sending the body for post mortem
examination. PW13 also stated regarding the arrest of
accused and recovery of MO5 at their instance. Other than
the recovery of MO5, there is absolutely no other evidence on
record. The post mortem doctor has not stated in his opinion
whether MO5 could have caused injuries that were found on
the dead body.
11. There is absolutely no evidence in the case to remotely
connect the appellant/accused No.2 with the crime.
12. Accordingly, criminal appeal is allowed in respect of
appellant/accused No.2, and the criminal appeal stands
abated against accused Nos.1, 3 and 4.
_________________
K.SURENDER, J
___________________
J. ANIL KUMAR, J
Date: 30.01.2025
plp
