- (1.) This appeal has been preferred against the judgment and order dated 13.7.2010, passed by the High Court of Andhra Pradesh at Hyderabad in Criminal Appeal No. 302 of 2007, concurring with the judgment and order dated 5.2.2007 of the Ist Additional Sessions Judge, Mahabubnagar, Andhra Pradesh, in Sessions Case No. 83 of 2006, whereby and whereunder the appellant was found guilty of the offences punishable under Sections 302 and 404 of the Indian Penal Code, 1860 (hereinafter referred to as 'the IPC'), and was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.100/-, in default of payment of which, simple imprisonment for a period of three months under Section 302 IPC; and for the offence punishable under Section 404 IPC, rigorous imprisonment for a period of three years, was imposed on him. However, both the sentences were directed to run concurrently.
(2.) Facts and circumstances giving rise to this appeal are that: A. Balamani (deceased) was the second wife of the appellant. Their marriage was solemnized in 2002, for which her father had given dowry of Rs.20,000/-, gold earrings, a ring and silver anklets etc. Appellant became suspicious of the fidelity of his wife, and began to beat her up at times. The deceased went to live in the house of her parents because of the ill-treatment meted out to her by the appellant. However, upon the advice of the elders in her family, she decided to go back to the appellant. The appellant and the deceased were taken by G. Balaiah (PW.3), the paternal uncle of deceased to Hyderabad, and there he was engaged in coolie work. Here too, the appellant and Balamani (deceased) would often quarrel, and the appellant would beat her. They eventually returned to their village, and 15 days prior to the said incident, the appellant had taken Balamani (deceased) to Srisailam and here they had worked at Eagalapenta, attending to the petty works in and around the colony for some time. D.V. Subbaiah (PW.2), a neighbour, had seen the appellant and the deceased quarrelling, and as a result thereof, had also noticed Balamani (deceased) weeping. B. On 12.7.2003, Dasu Krishnaiah (PW.1), father of the deceased, received a telephone call from the appellant, wherein he was informed that Balamani was suffering from a severe stomach ache. The next day, the appellant again made a call to the neighbours of Dasu Krishnaiah (PW.1) and asked them to give a message to Dasu Krishnaiah (PW.1), asking him to come to Eagalapenta. However, Dasu Krishnaiah (PW.1) was unable to reach there. The next day, at about 10.30 A.M., the appellant telephonically informed Dasu Krishnaiah (PW.1) that Balamani had committed suicide. Dasu Krishnaiah (PW.1) immediately rushed by jeep, alongwith his family. On the way, they met the appellant at Santa Bazar at Achampet. The appellant then informed them that Balamani had committed suicide by hanging herself in the 'G' Type Labour Quarters, Near the Krishna Guest House, Eagalapenta. Even on being requested by Dasu Krishnaiah (PW.1), the appellant refused to accompany them and instead, escaped from there. The family of Balamani (deceased) had thereafter reached the 'G' type quarters, and here they found that the dead body of Balamani (deceased) was smelling, and that from it, blood was flowing out of the house over its threshold. The dead body of the deceased was lying on the floor, and two granite stones lay near the head of the dead body. There were tears on certain parts of the body of deceased, which clearly indicated that there had been attempts made to forcibly snatch off her gold ornaments. C. Dasu Krishnaiah (PW.1) filed an FIR regarding the incident on 15.7.2003, alleging that the appellant had killed Balamani on the night of 12.7.2003, by strangulation. Her nose and ears were viciously cut, and all her gold ornaments and anklets had been stolen. D. The police had recovered the dead body of Balamani, and had got the autopsy performed upon it. The appellant had been absconding, and thus could be arrested only on 15.7.2003. On the basis of the disclosure statement that was made by the appellant, the ornaments of Balamani, deceased, had been recovered in the presence of two panch witnesses, namely, Ganjai Niranjan (PW.8) and Syed Aktharali (PW.9). After completion of the investigation, a chargesheet was filed on 28.10.2005. Charges were framed on 17.8.2006 against the appellant, for the offences punishable under Sections 302 and 404 IPC. E. After the conclusion of the trial, the learned Additional Sessions Judge convicted and sentenced the appellant vide impugned judgment and order dated 5.2.2007, as has been referred to hereinabove. F. Aggrieved, the appellant preferred an appeal before the High Court, which was dismissed vide impugned judgment and order dated 13.7.2010. Hence, this appeal.
(3.) Dr. Aman Hingorani, learned counsel appearing for the appellant has submitted, that the present case was one of suicide by hanging, and that the same most certainly did not involve homicide by strangulation, as it is evident from the post-mortem report, as well as from the deposition of Dr. K. Padmavathi (PW.10), both of which clearly suggest, that death had been caused as a result of suicide by hanging. Even otherwise, there exist serious discrepancies and inconsistencies in the depositions of the witnesses. There was no motive whatsoever, for the appellant to commit the murder of his wife. All the recoveries are fake, and the material objects, particularly jewellery and other items have been planted by the police to falsely implicate the appellant in the case, as recovery witnesses of the jewellery, particularly Ganjai Niranjan (PW.8) and Syed Aktharali (PW.9), do not support the recovery of the aforementioned items. The mere appearance and admission of their signature/thumb impression on the memo of recovery, does not prove the recovery. Thus, the appeal deserves to be allowed.;