in response to the memo issued by the d.s.p.
on 9.6.71 visited mypadu for petition enquiry and investigated into cr.
then there were injuries and blood marks on the dead body.
the facts of the prosecution case as they emerge from the record arc as follows kalarani and chandrika rani deceased were two of the six daughters of pw1 a legal practitioner of nellore.
shortly there after w. 18 a rickshaw puller was attracted to the seashore by the outcry of a woman.
he did number knumber if vijaya and nirmala mentioned in ex.
c. 1212 issue f.i.r.
p. 25 and ex.
26 and a new person implying pw 49 met him and thereafter all the five including pw 27 got into the car and proceeded to the village.
23 went to p.w.
to a 2 directing the latter to produce immediately the companyplaint of n. subba rao the inquest report and the case diaries.
criminal appeallate jurisdiction criminal appeal number 392 of 1974 appeal by special leave from the judgment and order dated the 25th april 1974 of the andhra pradesh high companyrt in criminal appeal number 701 of 1972.
30 hours received first information reports in cr.
basi reddy and g. narasimhulu for the appellant a s. mulla t. v. s. n. chari and p. p. rao for the respondent.
they were last seen at about 6 30 p.m. on the seashore by p.ws.
25 were guarding the deadbody.
the head constable and a 1 told a 2 that the body found on the shore was said to have been wearing drawers and might be of a person of high class family.
they scolded me in an angry tone and went away crying and weeping and saying that i took them away from their places promising to join them in cinema cheated them and committed rowdyism without giving them money due to them.
their acquittal on the remaining charges including those of abduction rape and murder was upheld.
a 1 a 2 p.w.
p 25 the address of this mysterious person is recorded as nuthalapatti subba rao son of venkateswarlu aged about 37 years vysya of patha guntur.
out of these pws 23 25 and 26 were present near the dead body when a2 accompanied by al and p.w.
in the afternumbern they went away from the marriage house saying that they were going out to have companya cola.
there was a gold ring with a red stone on the finger of the body.
26 p.w.
7 6 1971.
there the constables were dropped.
a2 was at the material time in charge of that police station and was presumably companycerned with the investigation of that case against pw 26.
representations were made to the home minister to get the matter investigated by the c.i.d.
appellant number 1 for short a 1 was an arrack companytractor doing liquor business inter alia within the territorial jurisdiction of police station indukurpet district nellore while appellant number 2 for short a 2 was a sub inspector of police in charge of this police station the appellants and one other person were tried by the firs additional sessions judge nellore on charges under ss.120 b 366 376 302/34.
when i was inquiring at atmakur bus stand i came to knumber that the girls went by mypaud bus at 4.30 p.m. i went to mypaud and enquired.
a 2 did number send it to the police station for registration before that date.
the karnam asked as to why a 2 did number send the body for post mortem examination a 2 replied that the body was of a prostitute who had companymitted suicide and that he did number suspect any foul play and so he ordered burial the karnam then enquired if any relation of the deceased had companye.
it is necessary to say something more about ex.
a 1 and a 2 had a talk with them.
49 and p.w.
on digging the bit only some clothes were found in it.
it was the body of a fair stout girl aged about 20 years who was wearing brassiers blouse striped drawers and a white petticoat.
a 2 further remarked that the body appeared to be of a girl from a high class family who had been out of doors.
the sub inspector was away.
48/71 4142 and 44/71 and hailed.
49 to the police station on 7 6 1971 to assist the latter in getting the car release and from the police station both of them a 1 and w. 49 on being asked by a 2 went with the latter in the car to the spot.
on receiving information about the companypse of a female washed ashore he went to mypad and enquired about a person named nathalapati subba rao.
these articles were later handed over by p.w.
49 to a 2.
the sentences on all the companynts were directed to run companycurrently.
p 25 was scribed by a2 at mypad at about 11.30 to the dictation of n. subba rao or any other person although the witness was generally questioned as to the number of persons carried in the car.
numbere of these pws has sworn that a statement of any n. subba rao was recorded in their presence by a 2.
in the inquest report as also in ex.
it did number see the light of the day till the 11th june.
the sarpanch signed it and sent it at about 7 30 a.m. through a bus driver p.w.
at about 4 p.m. they boarded a bus bound for mypaud which is a sea shore resort at a distance of 11 miles from nellore.
a 2 also made an entry ex.
23 and p.w.
these inumberdinate delays in sending the records prepared by a2 companyfirm the testimony of pws 23 25 and 49 that no inquest on the dead body was held at the spot number was the inquest report or any other record prepared there and then and that their signatures were obtained by a2 on a blank sheet of paper.
in order to support his version as to the cause of death a 2 according to the prosecution falsely numbered that the stomach is bloated due to drinking of water.
p.25 which he a 2 reduced into writing and then held the inquest in the presence of this subba rao and other panchaitdars at the spot.
18 a 1 and a 2 turned on him.
the kamam scribed a report to the dictation of p.w.
p. 11 as vijaya and nirmala prostitutes he did number rule out the possibility of suicide.
w. 27 the karnam has definitely excluded the presence of any informant named subba rao.
sd b. manumberaran i. e 3 camp mypaud dt.
23 handed over the ring m.o.9 to a 2 after removing the same from the body.
on 6 6 1971 chamundeshwari festival was being celebrated in gangapatnam and neighbouring areas at about 9 p.m. it was a bright moonlight on learning that the dead body of a girl had been seen on the beach of pallipalem which is a hamlet o gangapatnam many persons went there.
p 11 as the deceased persons ever existed in flesh and blood remained futile.
26 and 27 were dropped near their houses.
27 as they found the village munsiff absent.
36 a fisherman saw the dead body of a girl agled 16 or 17 years floating in the sea at a distance of about 21 or 3 mils from pallipalem p.w.
day before yesterday i.e. on friday at chirala near lodges two girls koppulu vijaya d o sundrayya of ongole and paranjapi nirmala d o raghavayya of chilakaluripeta were met by me.
p 34 in the general diary of the police station dated 10.6.1971 on 11.6.1971 at 2 a.m. it reads returned to p.s.
she had died and appears to have companymitted suicide.
23 washed the face of the corpse.
pw 27 was the karnam of gangapatnam.
49 a personal assistant to p.w.
who opined that it was of a female aged between 18 to 25 years.
7 6 1971.
this shows how in his anxiety to suppress the truth he tried to reinforce and companyer up one falsehood with anumberher.
1400 at 5.45 p.m. and thereafter both these girls companymitted suicide by entering sea at about 6.30 p.m. a 2 ended the report with an emphatic numbere it is companyclusive that the deceased koppulu vijaya died due to drowning.
49 asked a 2 as to why he had represented him p.w.
the prosecution case further is that a 2 fabricated some time after the burial of the deadbody a false report ex.p 25 purporting to have been made to him on 7.6.1971 by one nuthalapati subba rao who despite the best efforts of the investigators has remained untraced and is believed to be a fictitious person.
47/71 visited nellore at 12 30 hours did bandobust for festival and halted for the night.
but in the morning of 7 6 1971 p.w.
a 1 introduced p.w.
within a few minutes of the return of the report between 8 30 and 8 45 a.m. a 2 returned to the police station.
pws 23 and 25 were among those villagers who had seen the deadbody washed ashore at about 9 m. on 6 6 71.
other facts about them are number knumbern.
and after attending the marriage returned to nellore on the 6th by 5 30 p.m. and then on the morning of the 7th june resumed duty at indukurpet police station.
it was learnt that the two girls went towards numberth of pattapulalem and entered the sea at 6 p.m. having learnt that the body of vijaya was washed ashore i went and saw the dead body.
1539 driven by a motor driver.
the high companyrt found that the version of these witnesses in regard to the injuries and blood marks on the deadbody was entirely reliable.
the report was handed over in the police station at about 8 30 a.m. to the head constable w. 34 as a 2.
as this report has an important bearing on the points for determination we will reproduce it in extenso statement of nuthalapati subbarao son of venkateswarlu aged about 30 years vysya of patha guntur being an orphan for about 1 years i have been doing brokerage in supplying extras in the cine field.
1 searched for them at the railway station bus stand and lodges.
374 375 .
thereafter they came happily to mypad.
he acquitted the accused of all the charges.
the head constable replied that a report from the sarpanch about the dead body seen on the sea shore at pallipalem had been received but had been returned as it was number from the village munsiff.
the dead body of the other girl chandrika rani was number washed ashore.
she used to be the president of the college union and as such was well knumbern.
23 25 27 and 49 discount the presence of any such person named n. subba rao either at the inspection of the dead body in the sea shore by a 2 or at the temple where according to a 2 he prepared the inquest report.
inspector who after companypleting it laid the charge sheet against a 1 a 2 and one other person in the companyrt of the magistrate.
and send companyy to me for investigation.
pw 23 was a fisherman of pallipalem pw 25 was also a resident of the same hamlet.
on 10 6 71 visited gangapatnam supervised and did bandobust for car festival at 00.
similarly during investigation all efforts made by pws 59 and 60 to trace and find if vijay and nirmala prostitutes represented in ex.
the head constable p.w.
the car was then taken to ramudupalem.
p. 25.
given to him at mypad by one n. subba rao.
only pw 26 has stated that r2 had recorded the statements of witnesses including that of a per son named n. subba rao.
a 2 said some person might have drowned as it usually happened on the seashore.
in these premises the high companyrt was right in companycluding that vijaya and nirmala prostitutes were also the companynage of the brain of a2.
on 9.6.71 visited gangapatnam detailed duties for bandobust and visited ravur investigated into cr.
on the way p.w.
the head companystable after slight hesitation agreed and inserted this report in the blank space meant for the entries of the 7th june and thereafter as required by a2 handed over to the latter a companyy of that report.
a 1 pleaded that he had been falsely implicated.
174 cr.p.c.
38 a cine actor of madras and a 1 arrived there in car number m.s.v.
the car was then taken to gangapatnam.
the skeleton was sent to p.w.
he admitted that he had accompanied p.w.
a 1 then asked a 2 if he knew that the dead body of a girl was found floating on the sea shore.
the latter gave the information ex.
the inference is that in all probability she was number wearing this sari when her body was immersed in water.
49 therefore had brought a 1 to the police station to help the former in getting the car released.
a 1 replied yes while a 2 pointed towards p.w.
49 went there to hold the presence of an inquest.
18 saw 4 persons including a 1 and a 2 carrying away kalarani who was groaning.
on seeing the blood marks on the drawer a 2 said that she might be in menses.
in examination in chief even pw 49 who in cross examination tried to dilute his version in a possible attempt to favour a2 stated that he had seen a reddish strain stain ?
the fact was vouched by pw 23 a fisherman who was rightly found worthy of credence by the high companyrt.
the car was therefore at least theoretically in the custody of the police.
persistently pressed a 2 to send the companyies of the f.i.r.
p 25 because the entire story was spun around it by a 2.
49 as a relation of the deceased.
a 2 signalled them number to companye near the dead body but to proceed to the travellers bungalow at mypad while a 2 and party went to mahalaxamma tample in village pallipalem.
he was an employee of the electricity department.
he further told the karnam that he had got the body buried.
on seeing p.w.
of companyrse pw 26 stated that a2 had recorded statements of witnesses and had prepared the inquest report at the temple.
a 2 assured w. 49 that there was numberhing to worry.
it was only then that a2 produced the persistently requisitioned records.
a 2 then asked the head companystable pw 34 if any report regarding the dead body was received.
26 then at about numbern went to the beach where the dead body lay.
the plea of a 2 was that he had duly made an inquiry as to the cause of the death and prepared the inquest report ex.
it was the duty of a 2 to enter faithfully and truly the substance of this information in the station diary and to record further that he was proceeding for investigation on the basis thereof.
49 to 51/71 at 00 45 hours left the village with men and reached police station.
on this 7th day of june 1971 at 11 30.
59 the tehsildar p.w.
he further admitted that he was unable to produce this subba rao in response to the memo dated 15 6 1971 issued by the d.s.p.
thereafter they proceeded to the sea shore of pallipalem.
49 two companystables and two others in addition to the driver proceeded in the car.
49 and said that he was the person companynected with the deceased.
it may be added that companytrary to what pw 23 has testified a 2 has in the inquest report said that the stomach was bloated with water and froth was companying out of the mouth.
on sunday i.e. on 6 6 1971 in the morning we came to nellore and stayed in venkateswara lodge till 3.30 p.m. their demand came for the girls.
45 who examined it at the spot.
in the result?
anumberher important circumstance which militates against the suggestion of the death of kala rani from drowning is that when the body was first seen at 9 p.m. its stomach was number in a bloated companydition for was any froth seen companying out of the mouth of the companypse.
23 and p.w.
read the report and returned it to w. 29 with the objection that the bearer should fetch a report drawn up on the printed form and signed by the village munsiff.
an employee of the electricity department were also among those persons.
they first went to the travellers bungalow and were then last seen together at about 6 30 p.m. on the sea shore.
pw 26 admitted that at the time of the inquest he was an accused in a criminal case of indukurpet police station.
the facts that the stomach was number filled with water and bloated and numberfroth was companying out of the mouth of the deceased are important symptoms which to a long way to exclude the possibility of death being as a result of suicide by drowning.
in any case the evidence of pw 26 on this point stands companytradicted by the reliable testimony of pws 23 25 27 and 49.
40 proceeded to exhume the deadbody of kalarani.
according to the prosecution this dead body found ashore near pallipalem which is about 2 miles from mypad was of kala rani deceased who was well knumbern to a 2.
the false story companytained in this document has been substantially repeated in the inquest report ex.
pw 26 had reason to tell a lie on this point.
i booked two males for these two girls.
a 1 first slapped and then stabbed p.w.
201 218 468/34 324 penal code relating to the abduction rape and murder etc.
27 was there.
i waited for a long time.
26 the sarpanch of gangapatnam and informed the later about the companypse on the seashore.
w. 59 during the stipulated time of 48 hours.
a 2 and a 1 were further companyvicted under s. 218 and 218/109 penal companye and sentenced to two years rigorous imprisonment each.
afterwards dispute arose between me and the girls in respect of my broekerage sharing of the money got by such prostitution out of the money companylected.
it was the body of a girl aged about 21 or 22 years of fair companyplexion and stout built.
there was a reddish abrasion on the thigh and blood marks on the drawer of the dead body.
a 2 a 1 p.w.
regarding the charge under s. 201 penal companye the trial judge held that the prosecution had failed toprove that an offence had been companymitted in respect of the deceased.
when be proceeded in hat direction chandrika rani came running to him for help.
a 1 was a mutual friend of a 2 and of the owner of the car.
when i told them that i would join them in cinema they believed me and came with me.
pw 59 a 2 companyld neither produce this subba rao number give any indication about his existence though a2 claimed to have knumbern him.
a 2 reproached the karnam for companying late and added that he had finished all the work for which he karnam had been sent for.
sd b. manumberaran i. e 3 dt.
out of fright p.w.
on 18 6 1971 at the request of p.w.
the car was left at the canal before the sea.
the sari was number on her dead body which she was wearing when last seen at about 6 3 p.m. it can be argued that the sari was washed off her body by the sea waves.
they did number companye back.
it is maintained that the prosecution has been unable to prove that the two girls met a homicidal death.
they had only wearing apparel with them.
a 2 and his companypanions then went to the car.
sd n. subbarao taken down by me read over to the person and admitted by him to be companyrect.
44 professor of forensic medicine.
but close to it was found a skeleton.
a 2 said that he himself would go and enquire about it.
but considering that her dead body was detected only within a couple of hours of the occurrence and the fact that it is customary for women living in or near the companystal towns to tie their series tightly the possibility of the sari having been swept off by the sea waves was remote.
they were also companyvicted under s. 468 and 468/34 penal companye and sentenced to two years rigorous imprisonment each.
in this connection it may be numbered that the d.s.p.
numberspecific question was put by the defense to pw 49 in cross examination to establish that the report ex.
27 and p w. 49 then got into the car and proceeded.
kalarani was aged 21 and a graduate from the local womens college nellore.
he further admitted that he had slab signed on a sheet of paper like others but he expressed ignumberance if any inquest was held by a 2.
chandrika rani was aged 17 and a b.a.
the judgment of the companyrt was delivered by sarkaria j. this appeal is directed against a judgment of the high companyrt of andhra pradesh companyverting on appeal by the state the acquittal of the appellants into companyviction.
25 p.w.
against the acquittal of the appellants only the state preferred an appeal.
he directed the village vettis menials to bury the dead body forthwith while he himself proceeded along with his companypanions towards the village.
26 p.w.
i came to knumber that they live by prostitution.
p. 25 purporting to be the f.i.r.
the place was pointed out by p.w.
but as shall be presently discussed these numberes regarding the companydition of the dead body were invented by a2 to support his false report that the deceased had committed suicide and her death was from drowning.
the car had met an accident on the 4th june within the jurisdiction of this police station.
just at this juncture p.w.
on the forehead and blood marks on the drawer of the deceased.
he did number prepare any record there.
201 218 and 468 penal companye against al and a2.
they left a message for the karnam of the village to reach pallipalem.
p l 1.
the karnam p.w.
pws 23 25 26 and 27 all testified with one voice that they had seen one injury from which blood was oozing out on the forehead anumberher on the thigh and blood marks on the drawer under garment of the deceased.
while holding that the identity of the deceased was wrongly mentioned in ex.
there at about 11.30 a.m. a 1 and a 2 met the sarpanch p.w.
he denied that there were injuries on the dead body.
p. 25 and ex.
to investigate the matter.
18 on his right arm with a pen knife while a 2 gave blows on his back.
p. 11 were fictitious persons.
despite the presence of injuries numbericed on the dead body a 2 recorded there are numberinjuries on the dead body.
pw 26 therefore appears to have deviated from truth in regard to the presence of n. subba rao under the influence of the accused.
27 did number vouch the presence of a sixth man in the car.
he stated that he knew numberhing about the deceased girls.
60 the c.i.d.
blood was oozing from a reddish abrasion on the forehead.
26 then went to the village karnam p.w.
it was also learnt that the second girl also committed suicide but her dead body was number washed ashore.
in order to bring home an offence under s. 201 penal code the prosecution has to prove 1 that an offence has been companymitted 2 that the accused knew or had reason to believe the company mission of such offence 3 that with such knumberledge or belief he a caused any evidence of the companymission of that offence to disappear or b gave any information respecting that offence which he then knew or believed to be false 4 that he did so as aforesaid with the intention of screening the offender from legal punishment if the charge be of an aggravated form as in the present case it must be proved further that the offence in respect of which the accused did as in 3 and 4 was punish able with death or with imprisonment for life or imprisonment extending to ten years.
inspite of it in the inquest report ex p 11 which was number prepared on the spot but sometime later a 2 wrote that the body was of a prostitute named koppolo vijaya daughter of crhandravya baliya by caste of ongole town who had on 6.6.71 companye to mypad along with her prostitute friend nirmala by bus a.p.n.
36 to the investigating officer and were identified to be of chandrika rani.
in appeal by the state the learned judge of the high court after an exhaustive survey of the evidence upheld the acquittal of the accused in respect of the charge of abduction rap and murder but reversed the findings of the trial judge in regard to the charges under ss.
ordinarily numberindian woman would companymit suicide by jumping into the sea by getting into such a near nude companydition and thereby expose her body to the risk of post mortem indignity.
on being directed by a 2 p.w.
it is in the evidence of p. w. 55 who at the material time was a head companystable posted in this police station that after his departure in the morning of the 7th a 2 returned to the police station on the 10th evening and it was then that he handed over this document to the witness with the direction that the latter should enter that report in the relevant register dating it as the 7th june 1971.
a 2 did number hold any inquest there on the dead body.
the disappearance of the deceased girls caused a sensation.
u s 174 cr.p.c.
thereupon a 1 a 2 p.w.
a 2 was also present there.
he further found that pw 18 who claimed to be an eye witness of the occurrence was number worthy of credit and companysequently the charges of abduction rape and murder had number been proved against the accused.
the high companyrt partly allowed the appeal set aside the acquittal on charges 7 8 9 and convicted a 2 and a i. under ss 201 201b34 penal companye and sentenced each of them to five years rigorous imprisonment.
28 and a 1 on a blank sheet of paper.
p 25 and ex.
a 2 asked p.w.4 to take him in his car to the spot.
29 to the police station indukurpet.
pleading alibi for the 5th and 6th june 1971 he said that on these dates he was away on casual leave to attend the marriage of a companysin at chiraja which at a distance of about 100 miles from indukurpet.
for these reasons the high companyrt was right in holding that this nathalapatti subba rao was a fictitious person of a2s imagination.
18 took to his heels while chandrika rani was dragged away by the appellants.
26 and asked him to follow them to pallipalem.
there was a mark on the forehead from which blood was oozing out.
numbermarks of violence were detected on the skeleton by the medical officer p.w.
w. 23 a fisherman of pallipalem and p.w.
after going some distance the two others got down.
further investigation of the case was taken over by p.w.
this in formation which was passed on to a 2 and on receiving which he proceeded from the police station for investigation was the real i.r.
next morning p.w.
at about 5.40 p.m. they were seen alighting from the bus as mypaud and then proceeding towards sagarvilla a travellers bungalow situated near the seashore.
he added that on 7 6 1971 he was in the travellers bungalow at mypad and went away from that place in the afternumbern.
in the distance they saw the companystables companying towards them.
despite efforts the investigating officers pws 59 and 60 companyld number trace on the basis of this address any person bearing the said particulars at pata guntur or anywhere else in the district.
the superintendent of police directed p.w.
the local newspapers took up the matter.
he said that he had proceeded to chiraja in a car on the 5th morning.
the sessions judge acquitted the three accused of all the charges.
36 saw a piercing wound on the left arm and black marks indicating throttling on the neck of the deadbody.
11 12 13 and 14.
27 testified that after the inquest al a2 p.w.
of two sisters named kalarani and chandrika rani of nellore.
