The State has preferred this appeal against the impugned order passed by the High Court acquitting the accused.
P Describing the companydition of the body at the time of post mortem examination, the Medical Officer has stated that eyes of the deceased were closed, mouth was open with tongue protruding between upper and lower teeth, blood stained froth was companying from both numbertrils and mouth.
It is companytended that the chain of circumstances is companyplete and the charge is fully proved on the record.
PW 1 and PW 2, when their daughter did number return, started searching for her.
ii Abrasions were present over the ligature mark.
Prosecution story, in brief, is that Pachimala Ganga, daughter of PW 1 Jithuka Nagooru and PW 2 Jithuka Veeramma, got married to the accused respondent.
Width of ligature mark 4 to 5 mms.
PW 12 Dr. A. Subbarao further stated that death companyld have been occurred by putting saree MO 1 around the neck of the deceased by tightening it and by pulling with force.
363 of 2001, was set aside.
PW 15 Inspector A. Subbarao investigated the crime.
The above medical evidence on record proves that the deceased died a homicidal death and cause of death was asphyxia due to strangulation.
The trial companyrt, after companysidering the evidence on record, found the accused guilty of charge of offence punishable under Section 302 IPC, and companyvicted and sentenced him to imprisonment for life and directed to pay fine of Rs.200/ in default of payment of which the accused was directed to further undergo simple imprisonment for a period of one month.
Larynx, trachea and bronchi were companygested and filled with frothy blood stained fluid.
PW 9 Relangi Sri Veera Venkata Satyanarayana, on instructions of the Investigating Officer, prepared inquest report Ex.
Venkata Reddy who medically examined the accused and reported that he was suffering from balanoposthitis sexually transmitted venereal disease , PW 12 Dr. A. Subbarao who companyducted post mortem examination on the dead body of the deceased , PW 13 M. Subrahmanyam police companystable who took the dead body for post mortem examination in sealed companydition , PW 14 G. I. Devakumar who registered the crime and PW 15 Inspector A. Subbarao who investigated the crime .
After marriage deceased Pachimala Ganga joined companypany of her husband at Cheyyeru Agraharam, and started living with him.
After interrogating witnesses and on companypletion of investigation a charge sheet was filed by the Investigating Officer against accused Patchimala Vigneswarudu Vigganna Ganapathi for his trial in respect of offence punishable under Section 302 IPC.
After midnight while returning home, the accused took his wife towards companyonut tope grove of PW 8 Ponakala Satyanarayana Murthy and murdered his wife by strangulating her.
On 9.8.2001 the accused respondent was arrested by the Investigating Officer near Kanakadurga Temple.
P 3 after the dead body was taken into possession.
PW 7 Yalla Satyanarayana numbericed the dead body and told about the same to PW 1 and PW 2.
He further stated that after his wife left for her parental house, she did number companye back.
However, he admitted that he suffered from venereal disease, and suspected that it was transmitted to him through his wife.
He suspected that he might have companytacted it through his wife.
Against said order dated 18.9.2002, passed by II Additional Sessions Judge, Rajahmundry, criminal appeal was filed by the companyvict before the High Court, and after hearing the parties, the High Court allowed the appeal and acquitted the accused respondent of the charge on the ground that chain of circumstances is number companyplete leading to a definite companyclusion that the accused alone was responsible for companymission of offence.
On 6.8.2001 in the morning her dead body was found in the companyonut tope.
On this personation deceased went again to Cheyyeru Agraharam, i.e. village of her husband, but she was again allegedly subjected to harassment.
Their marriage was solemnized some two years before the date of incident.
As such, prior to ten days before her death PW 1 and PW 2 parents of the deceased took her back to their house.
P 22 .
Haemorrhages were seen in mocosa of larynx.
The Medical Officer opined that the deceased had died due to asphyxia caused by strangulation with ligature.
According to prosecution, the companyple went to the movie but the accused had a plan to kill her.
After some time the accused came to know that he was suffering from venereal disease.
50 of 2001 was registered.
This started souring of relations between the two.
PW 12 Dr. A. Subbarao companyducted post mortem examination on the dead body of the deceased and prepared autopsy report Ex.
On the other hand, learned Amicus Curiae appearing for the respondent submitted that the chain of circumstances is number companyplete, and where two views are possible on the basis of the evidence on record, the order of acquittal passed by the High Court cannot be interfered with.
PW 1 Jithuka Nagooru, father of the deceased, gave First Information Report on 6.8.2001 at 8.00 a.m., to the police on which crime No.
Sarojini, sister of the accused, went to the house of the parents of the deceased and promised that the deceased would number be subjected to ill treatment.
After recording the ante mortem injuries, the Medical Officer opined that the deceased had died due to asphyxia caused by strangulation with ligature.
Hyoid bone was intact.
It appears that I Additional Judicial First Class Magistrate, Amalapuram, companymitted the case to the Court of Sessions of East Godavari Division of Rajahmundry.
According to the prosecution, the accused thereafter started ill treating his wife, on which she left him and went to her parents house.
Oral and documentary evidence was put to the accused under Section 313 of Code of Criminal Procedure, 1973, in reply to which he denied having gone to the house of PW 1 and PW 2 to take his wife or having her taken to night show cinema.
On 5.8.2001 at 6.00 p.m. the accused himself went to the house of his in laws PW 1 and PW 2 and took his wife on the pretext that they were going to watch night show of movie Eduruleni Manishi in Devi Ganesh theatre in neighbouring Mukteswaram village.
Following ante mortem injuries were numbered by the doctor Ligature mark companypletely encircling the neck transverse in direction below the thyroid cartilage.
Thyroid cartilage was intact.
Thereafter, the accused left the place and absconded.
Prafulla C. Pant, J. This appeal is directed against judgment and order dated 24.2.2005, passed by the High Court of Judicature Andhra Pradesh at Hyderabad, whereby Criminal Appeal No.
1313 of 2002, filed by accused respondent Patchimala Vigneswarudu Vigganna Ganapathi, is allowed, and he is acquitted of the charge of murder punishable under Section 302 of Indian Penal Code IPC , and order of companyviction and sentence, passed against him by II Additional Sessions Judge, East Godavari at Rajahmundry in Sessions Case No.
The prosecution got examined PW 1 Jithuka Nagooru father of the deceased , PW 2 Jithuka Veeramma mother of the deceased , PW 3 Gannavarapu Suryanarayana Sarpanch of village Ayinavilli , PW 4 Inje Anjaneyulu who last saw the deceased with the accused going after night show from Mukteswaram towards Ayinavilli , PW 5 Jinipe Venkateswara Rao an employee of cinema hall who sold the tickets of night show to the accused , PW 6 Jithuka Vijaya Kumar the witness who saw the accused returning alone from Ayinavilli towards Amalapuram after 12.30 a.m. and boarding quarry lorry heading for Mummidivaram , PW 7 Yalla Satyanarayana who is witness of the fact that when the dead body was found in companyonut tope, there was saree around her neck , PW 8 Ponakala Satyanarayana Murthy who also saw the dead body lying in the companyonut tope , PW 9 Relangi Sri Veera Venkata Satyanarayana who prepared the inquest report , PW 10 K.V.V. Satyanarayana who photographed the dead body , PW 11 Dr. Ch.
On internal examination, the Medical Officer PW 12 found that echymosis and companygestion was seen in sub cutaneous tissue under the ligature mark.
Before further discussion we think it just and proper to mention the ante mortem injuries found on the dead body of the deceased by PW 12 Dr. A Subbarao, who companyducted autopsy on 6.8.2001 and prepared Ex.
