State of A.P. Vs. Patchimala Vigneswarudu @ Vigganna @ Ganapathi
Indian Penal Code,1860 - Section 302
Circumstantial Evidence - Appreciation of evidence - Deceased was wife of the accused and they had strained relations - Accused was suffering from venereal disease which he suspected to have sexually transmitted through his wife - On 5.8.2001 the accused had gone to his in-laws' house and took his wife with him - Deceased and the accused were last seen in the mid night(intervening night of 5.8.2001 and 6.8.2001) going together from cinema hall after night show, towards village - Accused was last seen returning alone from village, after midnight at about 12.30 a.m., i.e. 0030 hrs. on 6.8.2001 - Dead body of the deceased was recovered next morning on 6.8.2001 from village - Deceased had died homicidal death and cause of her death was asphyxia due to strangulation - It is also established that the accused absconded from the village after the incident - Held that above chain of circumstances is complete and leads only to the conclusion that it was the accused/ respondent and he alone, who committed murder of the deceased - Held that it is a fit case where order of acquittal recorded by the High Court requires interference - Impugned judgment and order passed by the High Court liable to be set aside - Order of conviction and sentence recorded by the trial Court against the accused/respondent restored.
Topic(s)-Murder - Circumstantial Evidence - Acquittal by HC set aside