No oral or documentary evidence was adduced on behalf of defence.
On receipt of the companymittal order by the learned Additional Judicial Magistrate of First Class, Addanki, the learned Special Sessions Judge for Cases under SCs and STs A. Act, 1989, Ongole took the case on file in SC No.71/99 on its file and ultimately the accused was put up for trial before the learned Sessions Judge, charged of the offence under section 302 I.P.C. or alternatively under Sec.
The deceased, the accused and the other material witnesses lived in Martur.
On 11.11.1998, the accused surrendered before the companyrt.
102 of 1998 under Section 302 IPC and issued FIR Ex.
On hearing the hue and cry of PW 1, the neighbours gathered at the scene of offence.
1 to 8.
P1 to P8 and MOs.
The deceased belonged to Byneedi Madiga by caste, whereas the accused belongs to Muslim companymunity.
During the life time of deceased, the accused used to harass and beat the deceased suspecting her fidelity.
Thereafter, late M. Polaiah, father of the deceased, went to the police station and gave an oral report to the S.1.
On 31.10.1998 at about 9 p.m., while the deceased was watching the T.V. programme in the house of Venkata PW3 , the accused came there and on seeing her the accused became wild and brought the deceased by beating with hands and took up to his house.
On 02.11.1998 at about 8 AM, PW8 C.I of Police companyducted the inquest over the dead body of the deceased in the presence of PW4 and another.
Placing reliance on the evidence of PWs.
of Police at about 3.30 p.m., which was reduced in writing under Ex.
This stand was accepted by the trial companyrt.
1 2 i.e. mother and the brother of the deceased respectively, the trial companyrt recorded his companyviction.
On the next day morning, PW1 went to the house of the deceased and found that the deceased dead and she was lying on the company.
P 8 is the post mortem report.
The prosecution, in order to substantiate its case, examined PW 1 to PW 8 and marked Exs.
She was residing in a thatched house situated adjacent to her parents house.
The deceased was a deserted lady and she developed illicit intimacy with the accused and gave birth to a female child.
After companypletion of investigation, PW 8 filed the charge sheet.
In appeal the High Court affirmed the companyclusions.
3 2 v of the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, 1989 in short the SCST Act .
The High Court took numbere of the fact that the witnesses have seen accused dragging the deceased to the hut in the night.
On 02.11.1998 itself, Civil Assistant Surgeon at Government Hospital, Addanki PW 7 companyducted the autopsy over the dead body of the deceased and opined that the cause of death was due to asphyxia caused by strangulation with ligature.
Ex, P 3 is the inquest report.
Then PW6 examined PWs 1 to 3, 5 and others and recorded their statement.
Though he was found number guilty of offence under Section 3, he was acquitted of charges for companymission of offence punishable under Section 3 2 5 of the SCST Act.
2692 of 2006 Dr. ARIJIT PASAYAT, J. Leave granted.
1003 OF 2007 Arising out of SLP Crl.
CRIMINAL APPEAL NO.
On the basis of Ex.
Next day morning the deceased was found dead.
P2 and seized MO.1 to MO.3 in the presence of PW4 and another.
Since it was a case which was based on circumstantial evidence, the trial companyrt took numbere of several circumstances to fasten the guilt on the accused.
PW1 found ligature marks on her throat and around the neck of the deceased.
This, according to the prosecution version, is sufficient to fasten the guilt in the absence of any explanation by the accused at about his absence thereafter.
Thereafter, PW6 visited the scene of offence, prepared scene of observation report Ex.
Challenge in this appeal is to the judgment of a Division Bench of the Madras High Court dismissing the appeal filed by the appellant questioning his companyviction or offence punishable under Section 302 of the Indian Penal Code, 1860 in short the IPC and sentence of imprisonment of life and fine of Rs.30,000/ with default stipulation.
Background facts in a nutshell are as follows Adivamma PW 1 is the mother and Mandapate Rullaiah PW 2 is brother of Nagandla Pichamma hereinafter referred to as the deceased brother of the deceased.
P 5, PW6 registered a case in Cr.
Accused pleaded innocence.
