Boya Hothuru Alliswamy vs The State Of Andhra Pradesh on 15 July, 2026

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    Andhra Pradesh High Court – Amravati

    Boya Hothuru Alliswamy vs The State Of Andhra Pradesh on 15 July, 2026

    Author: K Suresh Reddy

    Bench: K Suresh Reddy

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    Date of reserved for orders :16.04.2026
    Date of pronouncement       :15.07.2026
    Date of uploading          : 15.07.2026
     APHC010702812018
                          IN THE HIGH COURT OF ANDHRA PRADESH
                                        AT AMARAVATI                     [3566]
                                 (Special Original Jurisdiction)
    
                        WEDNESDAY, THE 15th DAY OF JULY 2026
    
                                        PRESENT
    
                THE HONOURABLE SRI JUSTICE K SURESH REDDY
    
         THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA
    
                           CRIMINAL APPEAL NO: 2593/2018
    
    Between:
    
       1. BOYA HOTHURU ALLISWAMY, R/O. BODASANIPALLI VILLAGE,
          VAJRAKARURU MANDAL, ANANTAPUR DISTRICT.
    
       2. DAYYALA THIMMAIAH, R/O. DEGULAPADU VILLAGE, CHIPPAGIRI
          MANDAL, ANANTAPUR DISTRICT.
    
       3. YERURU MANJUNATH, R/O. DEGULAPADU VILLAGE, CHIPPAGIRI
          MANDAL, ANANTAPUR DISTRICT.
    
       4. KURUBA LAKSHMI DEVI, R/O. D.NO.7/27-A, BHAGYANAGAR,
          GUNTAKAL TOWN, ANANTAPUR DISTRICT.
    
                                                              ...APELLANT(S)
    
                                              AND
    
       1. THE STATE OF ANDHRA PRADESH, Rep., by Public Prosecutor, High
          Court of Judicature at Hyderabad For the State of Telangana and the
          State of Andhra Pradesh.
    
                                                               ...RESPODENT
    
         Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High
    Court may be pleased to to present this Memorandum of Grounds of Criminal
    Appeal to this Honorable Court against the Judgment of the VI Addl. Sessions
                                             2
    
    
    Judge, Anantapur at Gooty passed in S.C.No. 492 of 2016, dt.10-7-2018, for
    the following among other grounds.
    
    IA NO: 1 OF 2018
    
          Petition under Section 151 CPC praying that in the circumstances stated
    in the affidavit filed in support of the petition, the High Court may be pleased to
    condone the delay of 9 days in filing the Appeal against the Judgment passed
    in S.C.No. 492 of 2016, dt.10-7-2018 on the file of the VI Addl. Sessions
    Judge, Anantapuramu at Gooty in the interest of justice.
    
    IA NO: 1 OF 2025
    
          Petition under Section 151 CPC praying that in the circumstances stated
    in the affidavit filed in support of the petition, the High Court may be pleased
    Pleased to release Petitioner/Appellant No.1 on bail for a period of Twenty
    days for the purpose of attending his father death ceremony pending appeal in
    Crl.A NO 2593 of 2018 against the Judgment Dated 10.07.2018 in SC No 492
    of 2016 passed by the VI Addl.Sessions Judge Anantapur At Gooty and to
    pass
    
    Counsel for the Apellant(S):
    
       1. C VASUNDHARA REDDY
    
    Counsel for the Respondent:
    
       1. PUBLIC PROSECUTOR (AP)
    
    The Court made the following:
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           IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
    
                            SPECIAL DIVISION BENCH
    
                                     PRESENT
    
                 HONOURABLE SRI JUSTICE K SURESH REDDY
                                        And
         THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA
    
                       CRIMINAL APPEAL No.2593 of 2018
    
    JUDGMENT:

    (Per Hon’ble Sri Justice A. Hari Haranadha Sarma)

    Introductory:-

    SPONSORED

    1. [i] This is an appeal filed under Section 374(2) Cr.P.C. by Accused

    Nos.1 to 4 in S.C.No.492 of 2016 on the file of the VI Additional Sessions

    Judge, Anantapuramu at Gooty, questioning the conviction and sentence

    imposed on them under the judgment dated 10.07.2018, whereunder A1 to A3

    were found guilty for the offences under Sections 364, 302, 201 and 379 IPC

    and A4 was found guilty for the offence under Section 302 r/w 109 IPC. A1 to

    A3 were sentenced to suffer imprisonment for life and to pay a fine of

    Rs.1,000/- each and in default of payment of fine directed to suffer rigorous

    imprisonment for a period of one month for the offence under Section 302

    IPC. They are also sentenced to suffer imprisonment for life and to pay a fine

    of Rs.1,000/- each and in default to suffer rigorous imprisonment for a period

    of one month for the offence under Section 364 IPC. Further, they are

    directed to suffer rigorous imprisonment for a period of three months and also

    to pay a fine of Rs.1,000/- each and in default to suffer simple imprisonment

    for a period of one month for the offence under Section 201 IPC. Further, they
    4

    are also to sentenced to suffer rigorous imprisonment for a period of three

    years and to pay a fine of Rs.1,000/- each and in default to suffer simple

    imprisonment for a period of one month for the offence under Section 379

    IPC. A4 is sentenced to suffer imprisonment for life and to pay a fine of

    Rs.1,000/- and in default to suffer rigorous imprisonment for a period of one

    month for the offence under Section 302 r/w. 109 IPC. The sentences of

    imprisonment imposed for the said offences were directed to run concurrently.

    Case of the Prosecution:-

    2. [i] The case of the prosecution, in brief, is that one Bhusetty

    Susheelamma (hereinafter referred to as “the deceased”), aged about 62

    years, was living in Door No.7/25-1, Bhagyanagar, Guntakal Town. Accused

    No.4 is her elder daughter. P.W.1-Sura Sujatha is her younger daughter.

    Sura Nagaraju (L.W.2) is the husband of P.W.1. P.W.2-Dasari Sreenivasulu

    and P.W.4-Shaik Habeeb are neighbors of the deceased. A1 was a tenant of

    the deceased. A4, being the daughter of the deceased, used to come to the

    house of the deceased and got acquaintance with A1. The acquaintance

    between A1 and A4 developed into a physical relationship, on account of

    which the deceased used admonish A4. For which, A4 developed a grudge

    against her mother (the deceased) and also for the reason that the deceased

    was showing difference between P.W.1 and A4. A4 offered to give money to

    A1 to get rid of deceased and A1 has discussed the same with his friends i.e.

    A2 and A3 and they also agreed to aid in the commission of the offence.

    Accordingly, they made a plan and went to the house of the deceased
    5

    informing her that her absconded second son is present in Bellary and

    assured that they will take her to see him. Believing their words, the

    deceased boarded the motorcycle of A2 and he took her to Gummanuru

    Vanka near Chippagiri Mandal, Kurnool District on 15.05.2015. A1 and A3

    followed them to the said place and all of them had opened the food packets

    at one place. After serving food, A2 took a stick and beat the deceased on

    her head, whereupon she fell on the ground. Then, A3 also beat her on the

    head with a stone. Thereafter, A1 took the same stone and struck the

    deceased on her face. Consequently, the deceased died. After confirming the

    death of the deceased, they took the gold ear studs, gold chain and gold

    bangles worn by the deceased. They dug a pit at a nearby place, buried the

    dead body of the deceased and left the place.

    [ii] When Shaik Habeeb-P.W.4 informed P.W.1 that the deceased is

    not seen since 16.05.2015, P.W.1 along with A4 and the daughter of A4,

    rushed to the house of deceased. They found that the main door of the house

    was locked from both inside and outside and the back door of the house was

    locked from outside. On enquiry, they were informed that A1 was also found

    missing from that day. The mobile number of the deceased, bearing

    No.81258 03273, was also switched off. Thereafter, P.W.1 submitted

    complaint dated 12.06.2015, marked as Ex.P1 to the Police-P.W.9. and on

    the strength of the same, Crime No.49 of 2015 under the head of “Woman

    Missing” was registered vide Ex.P16.

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    [iii] On 10.07.2015, A1 to A3 approached P.W.5, V.R.O. Guntakal

    Town and confessed that A1 had taken the hut of the deceased for rent and

    also about the development of an illegal relationship between A1 and A4, the

    deceased admonishing A4, A4 abetting A1 to get rid of the deceased and A1,

    in turn, taking the aid of A2 and A3. They further confessed that A2 brought

    the deceased along with him making her to believe that her missing son will

    be shown to her if she accompanies him and also about all of them together

    eliminating the deceased.

    [iv] Ex.P6 is the extra-judicial confessional statement of the accused

    Nos.1 to 3. Thereafter, P.W.5 took A1 to A3 and handed them over to the S.I.

    of Police along with their statements and his requisition Ex.P7.

    [v] On the strength of Ex.P7, Ex.P17 was registered altering the

    Sections from “Woman Missing” to Sections 364-A, 302, 201 and 109 r/w. 34

    IPC. The altered FIR-Ex.P17 is dated 10.07.2015.

    [vi] Further, investigation was taken up by P.W.10. In the presence

    of Angadi Petaiah Ravi Kumar-L.W.7 and P. Kedaranath Reddy-P.W.5, the

    accused were examined. They stated that the gold ornaments of the

    deceased and the red-coloured Pulser 150 CC mortorcycle involved in the

    offence are with A4. The accused then led P.W.10 to the scene of offence

    where they had buried the dead body of the deceased. Thereupon, a

    requisition was made by P.W.10 to P.W.7-M. Akbar Hussain, Tahsildar to visit
    7

    the scene of offence for exhumation of the dead body and for holding an

    inquest thereon.

    [vii] On 11.07.2015, a further requisition was sent to the Area

    Hospital, Guntakal, for conducting exhumation and autopsy. Thereupon,

    P.W.8-Dr.Kalyan Chakravarthi and L.W.13-Dr. Arshad Parwez came to the

    scene of offence, where summons were served on the blood relatives of the

    deceased, witnesses and inquest panchayatdars. Inquest was conducted

    over the dead body. The blood relatives identified the dead body of the

    deceased based on the wearing apparels, chappals and pieces of gold

    ornaments i.e. M.O.Nos.1 and 6 to 9. Observation of the scene of offence

    was made. A1 to A3 shown a stone stained with blood, which is used by them

    for beating the deceased. P.W.7 has seized the earth in the pit and its control

    earth recovered for sending the same to the RFSL and the skull of the

    deceased was also preserved for sending into RFSL examination.

    [viii] During the inquest, the statements of P.W.1, Sura Nagaraju-

    L.W.2, L.W.3-Chinthala Anantha Setty and P.W.4-Shaik Habib were recorded.

    The implements used for digging the pit were thorny bushes and they were

    also recovered at the instance of accused vide Crowbar-M.O.No.11, Plastic

    bucket-M.O.No.14 and Stick-M.O.No.13 used for beating the deceased. All

    the said articles were seized under cover of mahazarnama. A1 to A3 showed

    the house of A4 to P.W.10 and on enquiry conducted in the presence of a

    Home Guard and mediators, A4 produced one gold chain, one portion of gold

    chain, two gold bangles, two ear studs i.e. M.O.Nos.2 to 5 and also showed
    8

    the motorcycle parked in the verandah-M.O.No.15, which is an unregistered

    motorcycle bearing No.DHZCCJZ58441.

    [ix] Further, P.W.1 identified M.O.Nos.2 to 5 as belonging to her

    mother (the deceased) when the identification parade was conducted by

    P.W.6. The identification proceedings are marked as Ex.P8.

    [x] Apart from the confession, the material collected during the

    investigation clearly indicates the guilt of all the accused for the offences

    under which they are charged.

    3. On plea of innocence, the learned Sessions Judge proceeded with the

    trial in respect of the charges under Sections 364, 302, 201 and 379 IPC

    against A1 to A3 and under Section 302 r/w 109 IPC against A4.

    4. In support of its case, the prosecution examined P.W.1 to 11 and

    marked Ex.P1 to P19 and M.O.Nos.1 to 15. After the closure of prosecution

    evidence, the accused were examined under Section 313 Cr.P.C. and they

    denied the incriminating material.

    5. The learned Sessions Judge found the accused guilty of the offences

    with which they are charged and imposed the conviction and sentence

    mentioned above. Aggrieved by the same, the present appeal is filed.
    9

    Arguments in the appeal:

    For the appellants / accused:

    6. [i] This is a case based on circumstantial evidence. There is no

    sufficient and legally acceptable evidence to connect the accused with the

    alleged commission of the offence. The extra-judicial confession allegedly

    made by the accused is not admissible in evidence. There is an inordinate

    delay in giving the complaint to the Police. Accused Nos.1 to 3 are strangers

    to P.W.5. There is no justification as to why they shall make a confession

    before P.W.5 when he is in no way helpful to them. No reliance can be placed

    on such a weak and doubtful evidence.

    [ii] The motive alleged by the prosecution is very weak and there is

    no consistency in the motive stated. The initial complaint, Ex.P1, is silent

    about the alleged motive, particularly the illicit affair between A1 and A4. The

    recovery of M.O.Nos.2 to 5 from the possession of A4 is unbelievable and

    cannot be accepted. The identification of M.O.Nos.2 to 5 by P.W.1 is also not

    acceptable, particularly for the reason that the said items are common in

    nature. The exhumation of the dead body and its identification by the family

    members also suffer from inherent improbabilities. Therefore, the same

    cannot be accepted.

    [iii] The confession leading to the recovery of the material objects

    and the dead body of the deceased also suffers from improbabilities.

    [iv] In view of time gap between the alleged offence and the

    confession, the recovery is highly doubtful and the same is not natural. There
    10

    is an inordinate delay in giving the complaint. The witnesses MRO and VRO

    are stock witnesses. The confession allegedly made before such stock

    witnesses shall not inspire the confidence of the Court. A retracted extra-

    judicial confession is a weak piece of evidence and unless there is

    corroboration cannot be believed. There is no evidence proving all the links in

    the chain of circumstances relied on by the prosecution. The recovery of the

    dead body and the articles / material belonging to the deceased pursuant to

    the confession of the accused cannot be believed in the facts of the present

    case. Therefore, the accused are entitled for acquittal.

    For the Prosecution:

    7. [i] The evidence of P.W.1 is clear and categorical as to the access

    of A1 and A4 to the deceased. A4, being the daughter of the deceased, had

    sufficient access to her. A1, being a tenant of the deceased and got affair with

    A4 can have motive to eliminate the deceased as the deceased is objecting

    the illicit affair between A1 & A4 and that A4 is also having displeasure for

    deceased treating P.W.1 more cordially and giving monies to P.W.1. The

    conduct of A4, who accompanied P.W.1 while giving Ex.P1 report and the

    recovery of the gold jewellery from her after the discovery of the dead body

    etc. would clearly indicate the involvement of the A4 and her abetment and the

    motive for A1.

    [ii] The confession made by A1 and A2 along with A3 before P.W.5

    is sufficient to connect all the accused with the commission of the offence.

    The evidence adduced by the prosecution and the reasoning of the learned
    11

    Sessions Judge in convicting the accused are sound and sufficient. The

    prosecution has established the guilt of the accused beyond reasonable doubt

    and that they are no grounds to interfere with the judgment under appeal.

    Consequently, the appeal is liable to be dismissed by confirming the

    conviction and sentence.

    8. Heard both sides. Perused the record. Thoughtful consideration is

    given to the arguments advanced by both sides

    9. Now, the points that arise for determination in this appeal are:

    1) Whether the prosecution is able to bring home the guilt of the

    appellants/accused Nos.1 to 4 for the offences under Sections 364,

    302, 201 and 379 IPC against A1 to A3 and under Section 302 r/w 109

    IPC against A4 under which they are charged and whether the

    conviction and sentence imposed on them by the learned Sessions

    Judge under the impugned judgment dated 10.07.2018 passed in

    Sessions Case No.492 of 2016 are sustainable in law and on facts or

    require any interference? If so, on what grounds and to which extent?

    2) What is the result of the appeal?

    Point No.1:

    Identity of corpus of Susheelamma and nature of death of the deceased:

    10. [i] Learned counsel for the appellants / accused would submit that

    the identity of the corpus itself is highly doubtful and that the prosecution failed

    to establish that the dead body exhumed was that of the deceased,
    12

    B. Susheelamma. The evidence of P.W.7, Tahsildar, Chippagiri Mandal,

    Kurnool District would show that on 10.07.2015, the C.I. of Police, I Town

    Police Station made a request to conduct an inquest over the dead body of

    the deceased Suseelamma. Accordingly, he along with the V.R.O proceeded

    to the fields at Gummanuru Village, by which time accused Nos.1 to 3 and the

    Police were present and they found one tomb. Thereafter requisition was sent

    to the Forensic Professor, Medical College, Kurnool to exhume the dead body

    of Suseelamma from the tomb shown by accused and conduct a post-mortem

    examination. The help of the doctors from the local medical college,

    Anantapur and the Government Area Hospital, Guntakal was taken while

    exhuming the dead body in the presence of P.W.7 and in the presence of

    blood relatives, the body was exhumed. M.O.Nos.1, 6, 8 to 10 were found on

    the dead body under Ex.P3 and he has examined P.W.1, L.W.2-Sura

    Nagaraju, L.W.3-Chinthala Anantha Setty and P.W.4 vide Ex.P9 and Ex.P10

    and all the inquestdars opined that A4 got killed Suseelamma (deceased) with

    the help of A1 to A3.

    [ii] During the cross-examination of P.W.7, the identity of the

    deceased Suseelamma (deceased) is not disputed.

    [iii] P.W.8, the Civil Assistant Surgeon, who conducted autopsy on

    the exhumed body along with his team stated about the saree, blouse and

    inner petticoat, gold colour dollar having face of Lord Venkateswara, a cut

    piece of gold colour chain and a pair of sky-blue colour chappals vide

    M.O.Nos.1 and 6 to 10 articles recovered from the dead body. His evidence is
    13

    clear that P.W.1 identified those articles and stated that the dead body

    belongs to her mother. Basing on his external and internal examination of the

    corpus, he has opined that the cause of death is due to severe head injury.

    This suggests that the death of the deceased is not natural but homicidal.

    [iv] P.W.1, the daughter of the deceased deposed that she identified

    all the belongings of her mother at the time of exhumation viz. Saree, blouse,

    petticoat, slippers, gold colour dollar having face of Lord Venkateswara, a cut

    piece of gold colour chain and a pair of sky blue colour chappals in the

    presence of the Mandal Revenue Officer and the other witnesses etc.

    Therefore, the identity of the deceased and nature of death of the deceased

    being homicidal are clear. The findings of the learned Sessions Judge to that

    extent are fit for concurrence.

    Motive:

    11. [i] In cases where there are no direct witnesses for any crime and

    where the prosecution relies on circumstantial evidence motive plays an

    important role. In the present case, the motive attributed to the accused is

    that A1 and A4 were having an illicit affair and the deceased used to

    admonish A4 (daughter of the deceased), for which the A4 developed grudge.

    Further, the deceased was giving priority and monies to P.W.1 and for that

    reason, A4 developed jealous against the P.W.1 and hatred against the

    deceased. Hence, she prompted A1 to eliminate the deceased by assuring

    that money will be given to him and that the deceased will not be an

    obstruction to their illicit intimacy. A1, in turn, has taken the assistance of A2
    14

    and A3 to eliminate the deceased. This version of the prosecution is traceable

    to the confession made by the accused to P.W.5. The argument of the

    learned counsel for the accused is that the confession of the accused cannot

    be the basis to implicate them, particularly when the same is retracted and not

    properly proved. For the illicit affair between A1 and A4, the prosecution would

    rely on the evidence that A1 was the tenant of the deceased and that A4 was

    also living with the deceased for some time and that A4 is having access to

    the deceased quite often. Whether there is any evidence of the neighbours or

    the other family members of the deceased to indicate the instances of such an

    illicit relationship and the objection of the deceased in that regard is an

    important question. P.W.1, who is the daughter of the deceased and sister of

    A4 has set the criminal law into motion. As per her evidence, she received

    information about the missing of her mother (the deceased) and such missing

    was from 16.05.2015. The information was received from one Shaik Habeeb-

    L.W.4. On receiving such information, she went to the house of her mother

    and noticed that the main door was locked from both inside and outside,

    whereas back door was locked from outside. She has submitted report to the

    Police on 12.06.2015 vide Ex.P1. On 11.07.2015, she got information about

    the tracing of dead body. It is relevant to note that when she went to the

    house of the deceased on the information from Shaik Habeeb-L.W.4, A4 was

    also with her and accompanied her to the Police station also. P.W.1 did not

    speak anything about relationship between A1 & A4.
    15

    [ii] P.W.2, neighbour of the deceased stated that A1 and A4 were

    residing in the sheds of the deceased as tenants and they were moving

    closely. The deceased used to chastise A4 for moving closely with A1 and

    thereafter demanded A1 and A4 to vacate the house. Thereafter, she asked

    him (P.W.2, being a good tenant) look for tenants as they (A1 & A4) will

    vacate it within 10 to 15 days. Thereafter, A4 vacated the same and after

    such vacating of the house he has seen two other persons approaching the

    house of A1 and also A4 coming out of house of A1. At that time, P.W.2

    asked A4 whether A4 is going to her mother’s house or not, for which A4 said

    that there is no such necessity and that the problem with deceased will come

    to an end “Dani Peeda Viragada Aitundi”.

    [iii] A2 and A3 are strangers to P.W.2 and he (P.W.2) has seen them

    on one day when they were going to house of A1 and thereafter before the

    Court on the day of his evidence. It is not case that there was any test

    identification parade. P.W.2 admits that A4 vacated her shed two months

    before the missing of deceased and that he do not know where A4 shifted. He

    is unable to give the details as to when A4 went to the house of A1 and when

    the two strangers went to the house of A1.

    [iv] The succession of events are as follows: (1) deceased found

    missing from 16.05.2015, (2) report was given to the Police on 12.06.2015

    and (3) the dead body was recovered on 11.07.2015.
    16

    [v] P.W.4 is one S. Habib, who is said to have informed P.W.1 about

    the missing of the deceased. As per his evidence he do not know who are the

    tenants of the deceased. None were living in the entire sheds of Suseelamma

    since her missing. The deceased alone was residing in her house.

    [vi] P.W.2 is an independent witness and an outsider. No specific

    motive is attributed to him to speak against the accused. P.W.2 during his

    cross-examination, states that he stated before the Police that he came to

    know that A4 was closely moving with A1 and that Suseelamma demanded

    A1 and A4 to vacate their respective shares. This suggests that A1 and A4

    moving closely is not his personal knowledge, but he had it.

    [vii] The exact statement of P.W.2 during cross examination is as

    follows:

    “It is true that I stated before the Police that I came to know that A4
    was closely moving with A1 and Suseelamma demanded A1 and
    A4 to vacate their respective sheds, but they have not
    vacated. A4 vacated her shed two months before the missing of
    Suseelamma (deceased).”

    [viii] The motive with regard to the close movement between A1 and

    A4 and the same being illicit relationship is not found from the evidence of

    P.W.1, the sister of A4 and the evidence of P.W.2 is admittedly hearsay and

    as there is no other independent evidence except the alleged confession

    made by the accused before P.W.5. There exists a reasonable doubt against

    the motive relied on by the prosecution in that regard.
    17

    [ix] It is not the clear case of the prosecution that the deceased

    Susheelamma was murdered for committing theft of the jewellery. As per the

    prosecution version, one of the accused (A2) approached her informing her

    that her missing son is available at Ballari and that if she joins with him, her

    son will be shown. On that assurance, she accompanied accused No.2. For

    this theory, except the confession of the accused Nos.1 to 3 made under

    Ex.P6, before P.W.5, there is no other basis. It cannot be inferred from this

    version that the accused had any idea that the deceased will come along with

    the jewellery. Therefore, the motive part being an intension to knock away the

    gold jewellery of the deceased is highly doubtful. Further theory that, A4 to

    knock away the property of the deceased being a successor and she got the

    deceased eliminated through A1 to A3 is also unbelievable. A4 resorting to

    prompting A1 to A3 to commit murder of the deceased to get the property is

    only an imagination, which cannot be accepted particularly in the context of

    absence of any earlier disputes or demand by A4 for the property of the

    deceased. P.W.1 did not say anything about A4 demanding for any money or

    property from the deceased, except stating that “we came to know from the

    Police enquiry that my mother was killed by A1 to A3 at the instigation of A4 to

    knock away the property”.

    [x] In view of the above reasons, it is clear that the prosecution has

    failed to show the motive alleged against the accused and theory of

    prosecution that the accused had a motive to kill the deceased is doubtful.
    18

    Confession of the accused and discovery in terms of Section 27 of the

    Evidence Act:

    12. [i] The prosecution relies upon the evidence of P.W.5 to show that

    the accused has made an extra-judicial confession before P.W.5 about their

    guilt. As per P.W.5, A1 to A3 came to his house and admitted the guilt and

    he has record the statements of A1 to A3 covered by Ex.P6 and thereafter

    handed over A1 to A3 to the Inspector of Police.

    [ii] As per P.W.5, there are five VRO’s working for the Guntakal

    Municipal area and he is one among them. Accused Nos.1 to 3 are strangers

    to him and he had never seen them prior to 10.07.2015 (date of confession).

    Degulapadu Village is at a distance of 20 K.Ms from Guntakal. Bodisanipalli

    Village is at a distance of 30 K.Ms from Guntakal. The accused approached

    him at 07:30 A.M. on 10.07.2015. The distance between his house and the

    Police Station is half a Kilometer. After examining A1 to A3, he started

    recording their statements. One hour time was taken for recording Ex.P6. No

    draft was prepared. The statement was recorded based on the answers given

    to the questions put by him. He did not record the questions in Ex.P6.

    Following facts are clear in respect of P.W.5 :

    (a) He is a mediator in several Police Stations pertaining to Guntakal

    Police Station.

    (b) He is acted as a witness in the preparation of some other extra-

    judicial confessions.

    19

    (c) He deposed as P.W.7 in S.C.No.423 of 2016 on 07.02.2017. He

    deposed in the said case that he signed on the report at the request of

    Police in Police Station.

    (d) He deposed as P.W.3 in C.C.No.196 of 2015 on the file of the

    Special J.F.C.M Court, P & E, Anantapuram on 30.01.2017.

    (e) He has deposed as P.W.2 in C.C.No.162 of 2014 on the file of

    J.F.C.M. Guntakal on 10.07.2017.

    [iii] As per prosecution accused No.1 is resident of Bodasanipalli

    Village, whereas A2 and A3 are residents of Degulapadu Village of Chippagiri

    Mandal. There was no prior acquaintance between the accused and P.W.5.

    Therefore, the possibility of the accused making confession before the P.W.5

    is highly doubtful.

    [iv] P.W.5 produced the accused before the Police along with Ex.P6-

    confession statement and Ex.P7-requisition and thereafter the Police said to

    have prepared mahazar. Thereafter, the Police altered the FIR under Ex.P17

    adding the offences under Sections 364-A, 302, 201 and 109 r/w 34 IPC on

    the strength of Ex.P7-requisition.

    [v] The language of Ex.P17 clearly discloses that VRO-P.W.5 has

    enclosed the extra-judicial confession statement of the accused and the

    endorsement shows that Ex.P7 is altered / registered on 10.07.2015 at about

    08:30 A.M.
    20

    [vi] P.W.5 clearly deposed that A1 to A3 were present before him

    between 07:30 to 09:00 A.M. and that he went to the Police Station at 09:30

    A.M. Therefore, the receipt of information at 08:30 A.M. and the registration /

    alteration of FIR under Ex.P17 at 08:30 A.M. create a doubt against the

    prosecution version. Further, the confession covered by Ex.P6 alone appears

    to be the basis for recovery of the corpus of the deceased and material

    objects relied.

    [vii] P.W.10 says that mahazarnama was prepared at 09:30 A.M.

    P.W.10 admits during cross-examination that P.W.5 handed over the Ex.P6

    along with its copy of Ex.P6 and again he recorded the statements of A1 to A3

    and he did not serve summons to the mediators who were present when the

    confession statements of A1 to A3 were recorded.

    [viii] The prosecution would rely on Ex.P6 for the purpose of

    identifying the place of recovery of dead body and also for the confession.

    The confession leading to the recovery of certain material objects like

    gaddapara, gadaru, plastic gampa M.O.Nos.11 to 15-Crowbar, Spade, Stick

    etc. Ex.P11 to P15. Further, the prosecution also relied on the confession of

    accused for recovery of gold ornaments, ear studs-M.O.No.2, Gold chains-

    M.O.Nos.3 and 4 and one pair of Bangles-M.O.No.5.

    [ix] The prosecution claims that on the strength of confession of A1 to

    A3, the Police went to the house of A4 along with P.W.3 and one Valmiki

    Ranganna-L.W.6 and A4 voluntarily produced the gold jewellery covered by

    M.O.Nos.1 to 3 and also the motorcycle-M.O.No.15, which was used at the
    21

    time of committing of the offence. Ex.P5 is the seizure-cum-arrest

    mahazarnama of A4.

    [x] Ex.P5 discloses the presence of the Police and the arrest of A4.

    Therefore confession part of the Ex.P5 relating to the motive of A4 and her

    instigation of the other accused etc. cannot be relied on.

    [xi] It is not the case of the prosecution that A1 to A3 made any

    statement under Ex.P6 that the Gold jewellery taken away by them from the

    body of the deceased was handed over by them to the A4. Therefore, the link

    of handing over gold jewellery of the deceased by the accused Nos.1 to 3 to

    A4 is not found from Ex.P6.

    [xii] From the evidence of prosecution witnesses, it is clear that the

    confession of the accused being the only source for the recovery of corpus

    and material objects M.O.Nos.1 to 5 of the deceased and the same is

    suffering from so many doubts. Hence, it is not acceptable. The confession

    of the accused leading to the discovery of the dead body of the deceased is

    doubtful for the following reasons:

    (A) The specific statements of the accused that they will show the

    place where they buried the dead body is not forming part of Ex.P6-confession

    statements.

    (B) The confession recorded by the investigating officer separately by

    the accused whether preceded by any summoning of other witness for the

    said recording of such statement is not stated. The said statement is not

    proved.

    22

    13. In the context of evidence stated above, it is relevant to note the

    observations of the Hon’ble Supreme Court in the following cases:

    [i] In Boby vs. State of Kerala1, the Hon’ble Supreme Court, in

    paragraphs 31 and 32, observed as follows:

    31. It will also be relevant to refer to the following observations of this
    Court in State of Karnataka v. David Rozario [State of
    Karnataka
    v. David Rozario, (2002) 7 SCC 728 : 2002 SCC (Cri) 1852] :
    (SCC p. 733, para 5)
    “5. … This information which is otherwise admissible becomes
    inadmissible under Section 27 if the information did not come
    from a person in the custody of a police officer or did come
    from a person not in the custody of a police officer. The
    statement which is admissible under Section 27 is the one
    which is the information leading to discovery. Thus, what is
    admissible being the information, the same has to be proved
    and not the opinion formed on it by the police officer. In other
    words, the exact information given by the accused while in
    custody which led to recovery of the articles has to be
    proved. It is, therefore, necessary for the benefit of both the
    accused and the prosecution that information given should be
    recorded and proved and if not so recorded, the exact
    information must be adduced through evidence. The basic
    idea embedded in Section 27 of the Evidence Act is the
    doctrine of confirmation by subsequent events. The doctrine is
    founded on the principle that if any fact is discovered as a
    search made on the strength of any information obtained from
    a prisoner, such a discovery is a guarantee that the
    information supplied by the prisoner is true. The information
    might be confessional or non-inculpatory in nature but if it
    results in discovery of a fact, it becomes a reliable information.

    It is now well settled that recovery of an object is not discovery
    of a fact envisaged in the section. Decision of the Privy
    Council in Pulukuri Kotayya v. King-Emperor [Pulukuri
    Kotayya v. King-Emperor, 1946 SCC OnLine PC 47 : (1946-

    47) 74 IA 65 : AIR 1947 PC 67] is the most-quoted authority
    for supporting the interpretation that the “fact discovered”

    envisaged in the section embraces the place from which the
    object was produced, the knowledge of the accused as to it,
    but the information given must relate distinctly to that effect.

    (See State of Maharashtra v. Damu [State of
    Maharashtra
    v. Damu, (2000) 6 SCC 269 : 2000 SCC (Cri)
    1088] .)”

    1

    (2023) 15 Supreme Court Cases 760
    23

    32. A three-Judge Bench of this Court recently in Subramanya v. State
    of Karnataka [Subramanya
    v. State of Karnataka, (2023) 11 SCC 255] ,
    has observed thus : (SCC pp. 299-300, paras 76-78)
    “76. Keeping in mind the aforesaid evidence, we proceed to
    consider whether the prosecution has been able to prove and
    establish the discoveries in accordance with law. Section 27 of
    the Evidence Act reads thus:

    „27. How much of information received from
    accused may be proved.–Provided that, when any
    fact is deposed to as discovered in consequence of
    information received from a person accused of any
    offence, in the custody of a police officer, so much of
    such information, whether it amounts to a confession or
    not, as relates distinctly to the fact thereby discovered,
    may be proved.‟

    77. The first and the basic infirmity in the evidence of all the
    aforesaid prosecution witnesses is that none of them have
    deposed the exact statement said to have been made by the
    appellant herein which ultimately led to the discovery of a fact
    relevant under Section 27 of the Evidence Act.

    78. If, it is say of the investigating officer that the appellant-
    accused while in custody on his own free will and volition made
    a statement that he would lead to the place where he had
    hidden the weapon of offence, the site of burial of the dead
    body, clothes, etc. then the first thing that the investigating
    officer should have done was to call for two independent
    witnesses at the police station itself. Once the two independent
    witnesses would arrive at the police station thereafter in their
    presence the accused should be asked to make an appropriate
    statement as he may desire in regard to pointing out the place
    where he is said to have hidden the weapon of offence, etc.
    When the accused while in custody makes such statement
    before the two independent witnesses (panch witnesses) the
    exact statement or rather the exact words uttered by the
    accused should be incorporated in the first part of the
    panchnama that the investigating officer may draw in
    accordance with law. This first part of the panchnama for the
    purpose of Section 27 of the Evidence Act is always drawn at
    the police station in the presence of the independent witnesses
    so as to lend credence that a particular statement was made by
    the accused expressing his willingness on his own free will and
    volition to point out the place where the weapon of offence or
    any other article used in the commission of the offence had
    been hidden. Once the first part of the panchnama is completed
    thereafter the police party along with the accused and the two
    independent witnesses (panch witnesses) would proceed to the
    particular place as may be led by the accused. If from that
    particular place anything like the weapon of offence or
    bloodstained clothes or any other article is discovered then that
    part of the entire process would form the second part of the
    24

    panchnama. This is how the law expects the investigating
    officer to draw the discovery panchnama as contemplated
    under Section 27 of the Evidence Act. If we read the entire oral
    evidence of the investigating officer then it is clear that the
    same is deficient in all the aforesaid relevant aspects of the
    matter.”

    This Court in Subramanya case [Subramanya v. State of Karnataka,
    (2023) 11 SCC 255] , has elaborately considered as to how the law
    expects the IO to draw the discovery panchnama as contemplated
    under Section 27 of the Evidence Act.

    It is clear from the evidence on record in this case that prosecution is

    simply relied on the statement recorded by the Investigation Officer without

    there being any clear material indicating such recording of statement in the

    presence of such independent witnesses etc. The test of prudence advised

    by the Hon’ble Supreme Court in Boby vs. State of Kerala (1 supra), when

    applied to the evidence on record, the evidence is found not acceptable.

    [ii] In Moorthy vs. State of Tamil Nadu2, the Hon’ble Supreme

    Court, in paragraphs 6, 7 and 8, observed as follows:

    Our view

    6. Firstly, we will deal with the prosecution case about the extra-judicial
    confession. As regards extra-judicial confession, the law has been laid
    down by
    this Court in Pawan Kumar Chourasia v. State of Bihar [Pawan
    Kumar Chourasia v. State of Bihar, (2023) 18 SCC 414] . In para 6 it is
    held thus: (SCC pp. 415-16)
    “6. As far as extra-judicial confession is concerned, the law is well
    settled. Generally, it is a weak piece of evidence. However, a
    conviction can be sustained on the basis of extra-judicial
    confession provided that the confession is proved to be voluntary
    and truthful. It should be free of any inducement. The evidentiary
    value of such confession also depends on the person to whom it is
    made. Going by the natural course of human conduct, normally, a
    person would confide about a crime committed by him only with
    such a person in whom he has implicit faith. Normally, a person
    would not make a confession to someone who is totally a stranger
    to him. Moreover, the Court has to be satisfied with the reliability of
    the confession keeping in view the circumstances in which it is

    2
    AIR 2023 Supreme Court 3960
    25

    made. As a matter of rule, corroboration is not required. However,
    if an extra-judicial confession is corroborated by other evidence on
    record, it acquires more credibility.”

    (emphasis supplied)

    7. We have perused the evidence of PW 1 Ganesan who was posted
    as the Village Administrative Officer at the time of the commission of the
    offence. He was not permanently posted in Village Seekkarajapuram as he
    stated that at the time of recording of evidence, he was transferred as
    Village Administrative Officer to Ranipet. PW 1 admitted in the cross-

    examination that he did not know the appellant before he came to him and
    allegedly made the extra-judicial confession.

    8. The incident is of 29-5-2006 but the alleged extra-judicial confession
    was made on 10-8-2006. It is impossible to understand why would the
    appellant meet the Village Administrative Officer, who was a total stranger
    to him, more than two months after the incident for making a confession.
    PW 1 and the appellant were not known to each other till 10-8-2006.
    Normally an accused will confide only with a person in whom he has
    implicit faith. He would not go to a stranger to make a confession of guilt.
    The fact that the alleged confession was made by him more than two
    months after the incident makes it more suspicious.

    It was a case similar to the facts of the present case viz. the VRO

    (P.W.5) in the present case is a complete stranger to the accused. Therefore,

    his evidence is of no help to the prosecution.

    [iii] In Ram vs. State of Punjab3, the Hon’ble Supreme Court, in

    paragraph 5 observed as follows:

    5. The trial Judge having observed that retracted extra judicial confession
    is a weak piece 45 of evidence, however, held that the same is
    corroborated by the recovery of the dead body at the instance of the
    accused and held that the prosecution case could be accepted and
    accordingly convicted the two appellants. The learned counsel for the
    appellants submitted that both the accused have been working under Pal
    Singh for the last five or seven years and they have been demanding the
    wages due from him and, therefore, both went against him. His further
    submission is that the evidence of Pal Singh regarding the retracted extra
    judicial confession is highly artificial and at any rate is a weak piece of
    evidence and the recovery of the dead body by itself does not in any
    manner connect the accused with the murder. He also submitted that there
    is not an independent evidence in respect of the alleged recovery of the
    dead body and it is not possible that-somebody having committed the
    murder has burned the dead body. Having gone through the records and

    3
    1992 Supreme (SC) 985
    26

    the evidence of the witnesses we find it difficult to accept evidence of Pal
    Singh regarding the alleged extra judicial confession. Regarding the
    same,’ the prosecution case entirely rests on his evidence and we find it
    difficult to accept his evidence but the alleged extra judicial confession.

    Once it is retracted it become very weak piece of evidence ‘Regarding the
    recovery of the dead body, we do not find from the judgment of the trial
    Court that any independent witnesses have spoken about the recovery at
    the, instance of the accused. Reliance has been placed by the prosecution
    on the photographs to show that the accused were seen digging the dead
    body from the well at the time of the recovery. This can be explained away
    by saying that the two accused as labourers might have helped the Police
    to recover the dead body by digging. This by itself is not enough to
    establish that the place where the dead body is alleged to have been
    concealed was especially within the knowledge of the accused so as to
    connect them with the murder. The two circumstances relied upon by the
    prosecution, in our view, are insufficient to bring home the guilt of the
    accused. In result convictions and sentences are set aside and the
    appeals are allowed. If the accused are in jail they shall be set at liberty
    forthwith.

    [iv] In Ravishankar Tandon vs. State of Chhattisgarh4, the Hon’ble

    Supreme Court, in paragraphs 8 and 12, observed as follows:

    8. Undoubtedly, the prosecution case rests on circumstantial evidence.

    The law with regard to conviction on the basis of circumstantial evidence
    has very well been crystalized in the judgment of this Court in the case
    of Sharad Birdhichand Sarda v. State of Maharashtra1, wherein this Court
    held thus:

    “152. Before discussing the cases relied upon by the High
    Court we would like to cite a few decisions on the nature,
    character and essential proof required in a criminal case which
    rests on circumstantial evidence alone. The most fundamental
    and basic decision of this Court is Hanumant v. State of
    Madhya Pradesh
    [(1952) 2 SCC 71 : AIR 1952 SC 343 : 1952
    SCR 1091 : 1953 Cri LJ 129].
    This case has been uniformly
    followed and applied by this Court in a large number of later
    decisions up-to-date, for instance, the cases of Tufail (Alias)
    Simmi v. State of Uttar Pradesh [(1969) 3 SCC 198 : 1970
    SCC (Cri) 55] and Ramgopal v. State of Maharashtra [(1972) 4
    SCC 625 : AIR 1972 SC 656]. It may be useful to extract what
    Mahajan, J. has laid down in Hanumant case [(1952) 2 SCC
    71 : AIR 1952 SC 343 : 1952 SCR 1091 : 1953 Cri LJ 129]:

    “It is well to remember that in cases where the evidence is
    of a circumstantial nature, the circumstances from which the
    conclusion of guilt is to be drawn should in the first instance be
    fully established, and all the facts so established should be

    4
    AIR 2024 Supreme Court 2087
    27

    consistent only with the hypothesis of the guilt of the accused.
    Again, the circumstances should be of a conclusive nature and
    tendency and they should be such as to exclude every
    hypothesis but the one proposed to be proved. In other words,
    there must be a chain of evidence so far complete as not to
    leave any reasonable ground for a conclusion consistent with
    the innocence of the accused and it must be such as to show
    that within all human probability the act must have been done
    by the accused.”

    153. A close analysis of this decision would show that the
    following conditions must be fulfilled before a case against an
    accused can be said to be fully established:

    (1) the circumstances from which the conclusion of guilt is
    to be drawn should be fully established.

    It may be noted here that this Court indicated that the
    circumstances concerned “must or should” and not “may be”

    established. There is not only a grammatical but a legal
    distinction between “may be proved” and “must be or should
    be proved” as was held by this Court in Shivaji Sahabrao
    Bobade v. State of Maharashtra
    [(1973) 2 SCC 793 : 1973
    SCC (Cri) 1033 : 1973 Cri LJ 1783] where the observations
    were made : [SCC para 19, p. 807 : SCC (Cri) p. 1047]
    “Certainly, it is a primary principle that the accused must be
    and not merely may be guilty before a court can convict and
    the mental distance between „may be‟ and „must be‟ is long
    and divides vague conjectures from sure conclusions.”

    (2) the facts so established should be consistent only with
    the hypothesis of the guilt of the accused, that is to say, they
    should not be explainable on any other hypothesis except that
    the accused is guilty,
    (3) the circumstances should be of a conclusive nature and
    tendency,
    (4) they should exclude every possible hypothesis except
    the one to be proved, and
    (5) there must be a chain of evidence so complete as not
    to leave any reasonable ground for the conclusion consistent
    with the innocence of the accused and must show that in all
    human probability the act must have been done by the
    accused.

    154. These five golden principles, if we may say so,
    constitute the panchsheel of the proof of a case based on
    circumstantial evidence.”

    12. The prosecution case basically relies on the circumstance of the
    memorandum of the accused under Section 27 of the Indian Evidence Act,
    1872 (for short “Evidence Act“) and the subsequent recovery of the dead
    body from the pond at Bhatgaon. The learned Judges of the High Court
    have relied on the judgment of this Court in the case of State (NCT of
    28

    Delhi) v. Navjot Sandhu alias Afsan Guru2. The High Court has relied on
    the following observations of the said judgment:

    “121. The first requisite condition for utilising Section 27 in
    support of the prosecution case is that the investigating police
    officer should depose that he discovered a fact in
    consequence of the information received from an accused
    person in police custody. Thus, there must be a discovery of
    fact not within the knowledge of police officer as a
    consequence of information received. Of course, it is
    axiomatic that the information or disclosure should be free
    from any element of compulsion. The next component of
    Section 27 relates to the nature and extent of information that
    can be proved. It is only so much of the information as
    relates distinctly to the fact thereby discovered that can be
    proved and nothing more. It is explicitly clarified in the section
    that there is no taboo against receiving such information in
    evidence merely because it amounts to a confession. At the
    same time, the last clause makes it clear that it is not the
    confessional part that is admissible but it is only such
    information or part of it, which relates distinctly to the fact
    discovered by means of the information furnished. Thus, the
    information conveyed in the statement to the police ought to
    be dissected if necessary so as to admit only the information
    of the nature mentioned in the section. The rationale behind
    this provision is that, if a fact is actually discovered in
    consequence of the information supplied, it affords some
    guarantee that the information is true and can therefore be
    safely allowed to be admitted in evidence as an incriminating
    factor against the accused. As pointed out by the Privy Council
    in Kottaya case [AIR 1947 PC 67 : 48 Cri LJ 533 : (1946-47)
    74 IA 65] : (AIR p. 70, para 10)
    “clearly the extent of the information admissible must
    depend on the exact nature of the fact discovered”

    and the information must distinctly relate to that fact.
    Elucidating the scope of this section, the Privy Council
    speaking through Sir John Beaumont said : (AIR p. 70, para

    10)
    “Normally the section is brought into operation when a
    person in police custody produces from some place of
    concealment some object, such as a dead body, a weapon, or
    ornaments, said to be connected with the crime of which the
    informant is accused.”

    (emphasis supplied)
    We have emphasised the word “normally” because the
    illustrations given by the learned Judge are not exhaustive.
    The next point to be noted is that the Privy Council rejected
    the argument of the counsel appearing for the Crown that the
    fact discovered is the physical object produced and that any
    and every information which relates distinctly to that object can
    29

    be proved. Upon this view, the information given by a person
    that the weapon produced is the one used by him in the
    commission of the murder will be admissible in its entirety.
    Such contention of the Crown’s counsel was emphatically
    rejected with the following words : (AIR p. 70, para 10)
    “If this be the effect of Section 27, little substance would
    remain in the ban imposed by the two preceding sections on
    confessions made to the police, or by persons in police
    custody. That ban was presumably inspired by the fear of the
    legislature that a person under police influence might be
    induced to confess by the exercise of undue pressure. But if
    all that is required to lift the ban be the inclusion in the
    confession of information relating to an object subsequently
    produced, it seems reasonable to suppose that the persuasive
    powers of the police will prove equal to the occasion, and that
    in practice the ban will lose its effect.”

    Then, Their Lordships proceeded to give a lucid exposition
    of the expression “fact discovered” in the following passage,
    which is quoted time and again by this Court : (AIR p. 70, para

    10)
    “In Their Lordships‟ view it is fallacious to treat the „fact
    discovered‟ within the section as equivalent to the object
    produced; the fact discovered embraces the place from which
    the object is produced and the knowledge of the accused as to
    this, and the information given must relate distinctly to this
    fact. Information as to past user, or the past history, of the
    object produced is not related to its discovery in the setting in
    which it is discovered. Information supplied by a person in
    custody that „I will produce a knife concealed in the roof of my
    house‟ does not lead to the discovery of a knife; knives were
    discovered many years ago. It leads to the discovery of the
    fact that a knife is concealed in the house of the informant to
    his knowledge, and if the knife is proved to have been used in
    the commission of the offence, the fact discovered is very
    relevant. But if to the statement the words be added „with
    which I stabbed A‟ these words are inadmissible since they do
    not relate to the discovery of the knife in the house of the
    informant.”

    (emphasis supplied)

    128. So also in Udai Bhan v. State of U.P. [1962 Supp (2)
    SCR 830 : AIR 1962 SC 1116 : (1962) 2 Cri LJ 251] J.L.
    Kapur, J. after referring to Kottaya case [AIR 1947 PC 67 : 48
    Cri LJ 533 : (1946-47) 74 IA 65] stated the legal position as
    follows : (SCR p. 837)
    “A discovery of a fact includes the object found, the place
    from which it is produced and the knowledge of the accused
    as to its existence.”

    The above statement of law does not run counter to the
    contention of Mr. Ram Jethmalani, that the factum of discovery
    30

    combines both the physical object as well as the mental
    consciousness of the informant accused in relation thereto.
    However, what would be the position if the physical object was
    not recovered at the instance of the accused was not
    discussed in any of these cases.”

    14. When the evidence on record is put to the test contemplated under

    authorities cited above, the extra-judicial confession said to have been made

    by the Accused Nos.1 to 3 found not sufficient to believe their guilt or the

    recovery of either the corpus of the deceased or gold jewellery pursuant to the

    such confession. As far as confession of Accused No.4 is concerned, since it

    is made in the presence of Police, the same is not reliable. When there is no

    link as to the accused Nos.1 to 3 handing over the gold jewellery of the

    deceased to Accused No.4, the recovery of gold jewellery from A4, if any the

    prosecution relies will not advance the case of the prosecution in any manner.

    15. Upon analysing the evidence on record particularly relating to the

    confession of the accused Nos.1 to 3 made before P.W.5 and covered by

    Ex.P6, in the light of the precedential guidance referred to above and the other

    improbabilities discussed above, this Court finds that the confession of

    accused Nos.1 to 3 is not helpful to accept that the prosecution has proved

    the guilt of the accused for the offences alleged against them and that the

    same is liable to be rejected.

    Other Evidence-Circumstantial Evidence

    16. [i] The prosecution is relying on the circumstantial evidence. The

    five golden principles referred by the Hon’ble Supreme Court in Ravishankar
    31

    Tandon vs. State of Chhattisgarh (4 supra), after referring to the earlier

    judgments vide paragraph 8 are:

    153. A close analysis of this decision would show that the
    following conditions must be fulfilled before a case against an
    accused can be said to be fully established:

    (1) the circumstances from which the conclusion of guilt is
    to be drawn should be fully established.

    It may be noted here that this Court indicated that the
    circumstances concerned “must or should” and not “may be”

    established. There is not only a grammatical but a legal
    distinction between “may be proved” and “must be or should
    be proved” as was held by this Court in Shivaji Sahabrao
    Bobade v. State of Maharashtra
    [(1973) 2 SCC 793 : 1973
    SCC (Cri) 1033 : 1973 Cri LJ 1783] where the observations
    were made : [SCC para 19, p. 807 : SCC (Cri) p. 1047]
    “Certainly, it is a primary principle that the accused must be
    and not merely may be guilty before a court can convict and
    the mental distance between „may be‟ and „must be‟ is long
    and divides vague conjectures from sure conclusions.”

    (2) the facts so established should be consistent only with
    the hypothesis of the guilt of the accused, that is to say, they
    should not be explainable on any other hypothesis except that
    the accused is guilty,
    (3) the circumstances should be of a conclusive nature and
    tendency,
    (4) they should exclude every possible hypothesis except
    the one to be proved, and
    (5) there must be a chain of evidence so complete as not
    to leave any reasonable ground for the conclusion consistent
    with the innocence of the accused and must show that in all
    human probability the act must have been done by the
    accused.

    154. These five golden principles, if we may say so, constitute
    the panchsheel of the proof of a case based on circumstantial
    evidence.”

    [ii] There is substantial delay in giving complaint after the missing of

    the deceased. Though the deceased was found missing in May, 2015 the

    complaint was given only in June, 2015.

    32

    [iii] It is not shown that A1 and A4 were living in the sheds of the

    deceased as tenants or otherwise and having access to the deceased by the

    date of her missing.

    [iv] The important links in the chain of circumstances:

    (1) Access of the accused to the deceased.

    (2) Accused at least one or some was last seen with the

    deceased.

    (3) The confession of the accused leading to the discovery of the

    corpus of the deceased or the gold jewellery of the deceased.

    (4) The role or possibility of the accused in the homicidal death of

    the deceased.

    (5) The motive for the accused to eliminate the deceased.

    None of these important links in the chain of circumstances are proved

    beyond reasonable doubt. Therefore, the accused are entitled for benefit of

    doubt.

    17. In view of the discussion made above, point framed is answered

    concluding that the prosecution has failed to prove the guilt of the appellants

    for the offences alleged against them beyond all the reasonable doubt and

    that the accused are entitled for benefit of doubt and consequently to an

    acquittal of the charges.

    33

    18. In the result,

    (i). the Criminal Appeal is allowed.

    (ii). the conviction and sentence recorded by the learned VI Additional

    Sessions Judge, Anantapuram at Gooty in S.C.No.492 of 2016, under

    the impugned judgment dated 10.07.2018 are set-aside.

    (iii). Appellant Nos.1 to 3 / accused Nos.1 to 3 are acquitted of the

    charges under Sections 364, 302, 201 and 379 IPC, and appellant

    No.4/ accused No.4 is acquitted under Section 302 r/w 109 IPC.

    (iv). Appellants/Accused Nos.1 to 4 shall be set at liberty forthwith, if

    they are not required in connection with any other case or crime.

    (v). Fine amount, if any, paid by the appellants/accused shall be

    refunded to them.

    (vi).The property orders, if any, passed by the learned Sessions Judge

    shall stand confirmed.

    19. Consequently, interlocutory applications, if any, pending shall stand

    closed.

    ________________________
    JUSTICE K.SURESH REDDY

    __________________________________
    JUSTICE A.HARI HARANADHA SARMA

    Date:15.07.2026
    Knr
    Whether the order is:

    Speaking         Reasoned               ✓
    
    Reportable ✓        Non-reportable
                                  34
    
    
    
              HONOURABLE SRI JUSTICE K SURESH REDDY
                                And
          HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA
    
    
    
    
                   CRIMINAL APPEAL No.2593 of 2018
    
                           Date:15.07.2026
    
    
    
    
    Knr
     



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