Andhra Pradesh High Court – Amravati
Kukkapalli Venkateshwarlu … vs The State Of Andhra Pradesh, Rep Pp., on 7 March, 2025
Author: K. Suresh Reddy
Bench: K Suresh Reddy
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Crl.A.No.733 of 2017
APHC010339572017
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3517]
(Special Original Jurisdiction)
FRIDAY,THE SEVENTH DAY OF MARCH
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE K SURESH REDDY
THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR
CRIMINAL APPEAL NO: 733/2017
Between:
Kukkapalli Venkateshwarlu @ Venkatessh, Spsr ...APELLANT
Nellore.,
AND
The State Of Andhra Pradesh Rep Pp ...RESPODENT
Counsel for the Appellant:
1. S MURALI MOHAN
2. LEGAL AID
Counsel for the Respondent:
1. PUBLIC PROSECUTOR (AP)
The Court made the following:
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HON'BLE SRI JUSTICE K SURESH REDDY
And
HON'BLE SRI JUSTICE T.C.D.SEKHAR
CRIMINAL APPEAL NO: 733 of 2017
JUDGMENT
(Per Hon’ble Sri Justice K. Suresh Reddy)
Sole Accused in Sessions Case No.291 of 2016 on the file of
the Court of learned IV Additional District and Sessions Judge,
Nellore is the appellant in the present Criminal Appeal. He was tried
by the learned Additional Sessions Judge under the following four (4)
charges.
1. The first Charge was under Section 449 IPC
2. The second Charge was under Section 450 IPC
3. The third Charge was under Section 302 IPC and
4. The last Charge was under Section 380 IPC
2. Substance of the charge is that on 01.04.2016 at about
10.30 p.m. the accused/appellant trespassed into the house of one
Nuthalapati Chandramouleswara Rao and Nuthalapati Pushpaveni
(herein after referred to as „D1 and D2‟), situated in
Chandramouleswara Swamy vari temple, Peddcherukuru Village,
and beat both of them with a hammer on their head, causing their
instantaneous death and in the same process he committed theft of
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gold chain from the neck of D2, thereby committed offences
punishable under Sections 449, 450, 302 and 380 IPC.
3. After completion of trial, the learned Additional Sessions
Judge convicted the appellant/accused under Section 449 IPC and
sentenced him to undergo Rigorous Imprisonment for a period of ten
(10) years and also to pay a fine of Rs.3,000/-, in default to suffer
Simple Imprisonment for a period of one year. Learned Additional
Sessions Judge further convicted him under Section 450 IPC and
sentenced him to undergo Rigorous Imprisonment for a period of
seven (7) years and to pay a fine of Rs.2,000/-, in default to suffer
Simple Imprisonment for a period of six (6) months. Learned
Additional Sessions Judge further convicted the accused under
Section 302 IPC and sentenced him to suffer imprisonment for ‘LIFE’
and also to pay a fine of Rs.5,000/-, in default to suffer Simple
Imprisonment for a period of one year. Learned Additional Sessions
Judge also convicted the appellant/accused under Section 380 IPC
and sentenced him to suffer Rigorous Imprisonment for a period of
five (5) years and also to pay a fine of Rs.1,000/-, in default to suffer
Simple Imprisonment for a period of three months. All the
substantive sentences were directed to run concurrently. The
learned Additional Sessions Judge also directed not to grant any
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remission or parole to the appellant/accused and he shall be kept in
jail till he breaths last.
4. Case of the prosecution, as per the evidence of the
prosecution witnesses, briefly, is as follows:-
(i) D1 and D2 are husband and wife and P.W.1 is their son.
Eleven (11) years prior to the date of incident both the deceased
went to Peddacherukuru village and started living in a house
provided to them in the premises of Chandramouleswara Swamy
temple, Peddacherukuru village of Nellore Rural Mandal. P.W.11
brought both the deceased and kept them in the temple premises
and D1 was working as „Archaka‟ in the said temple. P.W.1 and his
wife used to reside in Allipuram Village, which is an adjacent village.
(ii) The accused/appellant earlier having committed offence of
murder which was subject to Crime No. 75 of 2016 of Kavali I Town
Police Station, shifted his family to Kovuru Village, Nellore District on
27.3.2016 for hiding himself and to prevent the police from tracing
him. The accused/appellant used to reside in a rented house
belonging to P.W.24. He used to eke-out his livelihood by selling
noodles on mobile cart. Before shifting his residence to Kovuru, the
accused/appellant along with his father-in-law met D1 in the temple
and requested him to assign a name to his new born son. D1 was
not in a position to walk and he always sits in a wheel chair and
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moves in the house. Gradually, the accused/appellant developed
acquaintance with D1 who prescribed pooja samans necessary for
„Namakarana ceremony‟. After one week the accused along with his
wife and in-laws brought his new born son and met D1 in his house.
D1 assigned name to his son as “Eswar Teja”. For which, the
accused gave an amount of Rs.300/- to D1. D2 was found moving in
the temple wearing gold chain. It is alleged that the accused
developed an evil intention to knock away the gold chain from the
neck of D2.
(iii) On 01.4.2016, at about 4.00 p.m., the accused took
hammer and kept it in his motorcycle and went to the house of both
the deceased at about 5.30 p.m. At that juncture, P.W.6 who is driver
of P.W.1 observed the accused talking to D1. D1 asked P.W.6 to go
along with the accused/appellant to the Panchayat office and collect
old-age pension of Rs.1,000/- by showing Aadhar Card. Accordingly,
the accused/appellant collected Aadhar Card of D1 and went along
with P.W.6 to Panchayat office and collected Rs.1,000/- and handed
over it to D1. At about 8.00 p.m., both the deceased while taking
dinner have offered dinner to the accused also, but the accused
refused. The accused went to his motorcycle which was parked
inside the temple and brought the hammer from his bike and kept it
with him. When D1 questioned the appellant, he replied stating that
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for fixing nails he brought the hammer. At that time, P.W.7 and his
wife came to D1 and got the horoscope of their daughter and
thereafter P.W.7 left the premises at about 9.30 P.M. P.W.7 noticed
the presence of the accused at that time. Thereafter P.W.1 who
came along with P.W.7 also left the house. On that night P.W.5
came to the temple and performed „Deeparadhana‟ and he also
found P.Ws.1, 6 and 7 along with the accused in the temple
premises.
(iv) While so, on 02.4.2016, at about 6.30 a.m., P.W.3 who
used to supply milk to both the deceased came and called the
deceased, but there was no reply. Then P.W.3 pushed and opened
the doors of the house and found both the deceased dead in a pool
of blood. Due to fear, he came out and informed the same to
P.W.11. P.W.11 went to the house of P.W.1 and informed the same.
P.W.1 along with his wife- P.W.2 went to the scene of offence and
found both the dead bodies in a pool of blood. On the same day, at
about 9.00 a.m. P.W.1 went to the police station and gave a report.
P.W.26-the Sub-Inspector of Police, Nellore Rural Police Station
received Ex.P1 from P.W.1 and registered a case in Crime No.125 of
2016 under Sections 302 and 380 IPC and issued copies of FIRs to
all the concerned. FIR is marked as Ex.P17.
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(v) Having received information from P.W.26-the
Sub-Inspector of Police, P.W.28-the then Inspector of Police, Nellore
Rural Police Station visited the scene of offence, secured the
presence of mediators (P.W.12 and another) and prepared
observation report-Ex.P3. He seized Mos.3 to 5 under a
panchanama at the scene of offence. He also prepared rough
sketch-Ex.P18. He also got the scene photographed through P.W.17
and the photographs were marked as Ex.P10. He also held inquest
over the dead bodies of both the deceased in the presence of
P.W.12 and another. Inquest reports are marked as Exs.P4 and P5.
During the course of inquest, he recorded statements of P.Ws.1 to 4
and 10 to 14. He sent both the dead bodies for post-mortem
examination.
(vi) P.W.21-Assistant Professor, Forensic in A.C.S.R. Medical
College, Nellore, conducted autopsy over the dead bodies of both
the deceased. He opined the cause of death of D1 was due to shock
and haemorrhage due to head injury. He issued post-mortem
certificate-Ex.P13 pertaining to D1. He also opined the cause of
death of D2 was due to shock and haemorrhage due to head injury.
He issued post-mortem certificate-Ex.P14 pertaining to D2.
(vii) On 09.7.2016, P.W.29-the then Inspector of Police, Balaji
Nagar Police Station, the successor of P.W.27 arrested the accused
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who was in surveillance in Crime No.101 of 2016. He recorded
confessional statement of the accused. The accused also confessed
about the commission of offences in Crime No.75 of 2016 of Kavali I
Town Police Station, Crime No.125 of 2016 i.e., the present Crime
and Crime No.101 of 2016 of Balaji Nagar Police Station. In all the
three (3) crimes the accused committed murder of old persons and
committed theft of gold ornaments. The accused confessed stating
that he pledged the gold chain and availed loan of Rs.39,000/- from
Muthoot Finance. Basing on the said confession, P.W.28 went to
Muthoot Finance, Kavali and recovered gold chain (MO1) from the
Manager-P.W.20. He recorded statement of P.W.20. Thereafter the
accused was remanded to judicial custody.
(viii) On 13.7.2016, on the requisition of P.W.23, the learned
Judicial First Class Magistrate-Special Mobile Court, Nellore
conducted Test Identification Parade. In the Test Identification
Parade, P.Ws.1, 5 and 6 have identified the accused. Test
Identification Proceedings were marked as Ex.P16. Subsequently
P.W.29 took the accused to police custody from 17.7.2016 to
21.7.2016. On the confession made by the accused, Photostat copy
of Aadhar card-Ex.X1 belonging to D1 was recovered. The scene of
offence was reconstructed and the same was videographed through
P.W.17. Again the accused led the investigating officer to North side
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of the temple and showed the place where he threw the hammer
(MO.6) into the canal. The hammer was retrieved from the canal.
After completion of police custody, the accused was remanded to
judicial custody on 21.7.2016. After collecting the entire material and
after completion of investigation P.W.30 filed charge sheet.
5. In support of its case, the prosecution examined PWs.1 to
30, got marked Exs.P.1 to P.18 and Ex.X1 apart from exhibiting
MOs. 1 to 6.
6. When the accused was examined under Section 313
Cr.P.C., he denied the incriminating evidence found against him from
the prosecution witnesses, but he did not choose to examine any
witness on his behalf. On behalf of defence, Exs.D1 to D3-
portions in the statements recorded under Section 161 Cr.P.C. of
P.Ws. 3, 6 and 9 were marked.
7. Accepting the evidence of prosecution witnesses, the
learned Additional Sessions Judge convicted the appellant as
aforesaid.
8. Heard Sri S. Murali Mohan, learned counsel for the
appellant and Sri Marri Venkata Ramana, learned Additional Public
Prosecutor appearing for the respondent.
9. We have carefully analysed the entire evidence on record.
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10. As seen from the record, admittedly there are no eye
witnesses to the incident and the prosecution rests its case on the
basis of circumstantial evidence.
11. The first circumstance relied on by the prosecution is „last
seen theory‟. To substantiate the last seen theory, the prosecution
examined P.Ws. 1, 5 to 7. P.W.1 is none other than the son of both
the deceased and he is residing along with this wife-P.W.2 in the
neighbouring village Allipuram.
12. P.W.1 in his evidence has categorically stated that on
01.4.2016, from 6.00 p.m. to 9.00 p.m he stayed with both the
deceased. He also stated in his evidence that he enquired P.W.7
about the motorcycle parked near the house, who in turn informed
him that the said motorcycle belongs to the appellant/accused. At
that juncture, the appellant/accused also informed P.W.1 that he is
the owner of the said motorcycle. As such, P.W.1 in his evidence
has categorically stated the presence of the accused at the house of
both the deceased on 01.4.2016 at about 9.00 p.m.
13. P.W.5 in his evidence has categorically stated that on
01.4.2016 at about 8.00 p.m he went to the temple and found both
the deceased in the house. He also stated that at about 8.30 p.m.
when he was leaving the temple, he found the accused coming on a
motorcycle.
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14. P.W.6 also stated that on the instructions of D1, he took
the accused to Panchayat office and collected old-age pension of
Rs.1,000/- and handed over to D1. He was at the temple till 9.30
p.m. or 10.00 p.m and he found the accused at the house of both the
deceased. P.W.7 also stated that on 01.4.2016, the accused
approached D1 and the latter furnished the list of „pooja samans‟ to
him.
15. The evidence adduced through P.Ws.1, 5 to 7 clearly
show that on 01.4.2016 the accused was present in the house of the
deceased till 10.00 p.m. Except the accused, no other person was
present at the relevant point of time.
16. The second circumstance relied on by the prosecution is
noticing both the dead bodies in the house. Prosecution examined
P.W.3-milk vendor. P.W.3 in his evidence categorically stated that on
02.4.2016 at about 6.00 a.m he knocked the doors of the deceased
to supply milk. As there was no response, he pushed the doors and
found the dead bodies of both the deceased in a pool of blood.
Immediately, he informed the same to P.W.11, who in turn informed
P.W.1. On receipt of information, P.W.1 and his wife P.W.2 went to
the scene and found the dead bodies. Immediately P.W.1 lodged a
report-Ex.P1 on the basis of which, FIR was registered.
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17. The third circumstance relied on by the prosecution is that
the accused collected pension of D1 from the Panchayat Office and
handed over to D1. To prove the said circumstance, the Bill-
Collector, Municipal Office, Nellore-P.W.9 was examined. P.W.9 in
his evidence stated that on 01.4.2016, D1 contacted him over phone
and requested for pension. Thereafter the appellant/accused visited
P.W.9 and he handed over the pension after showing the Aadhar
Card of D1. As such, the prosecution is also able to prove the factum
of collecting pension by the appellant/accused from P.W.9.
18. The fourth circumstance relied on by the prosecution is
the arrest and recovery of MO1-gold chain and MO6-Hammer at the
instance of the appellant/accused. To substantiate the arrest and
recovery of MOs. 1 and 6, the prosecution examined P.Ws. 14, 15,
16 and 20.
19. P.W.14 in his evidence has stated that he is working as
Village Revenue Officer, Cluster-I, Nellore. On 09.7.2016 at about
7.30 p.m. the Inspector of Police arrested the accused who made
confessional statement. Ex.P6 is the relevant admissible portion of
statement of accused.
20. P.W.15 in his evidence has stated that he was also
present when the accused confessed before the Inspector of Police
under Ex.P17. P.W.16 in his evidence stated that on 18.7.2016,
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MO6 -Hammer was recovered from the canal at the instance of the
appellant/accused under a cover of panchanama-Ex.P9.
21. P.W.20 who was working as Manager in Muthoot Finance,
Kavali deposed that on 02.4.2016 the accused pledged MO.1 gold
chain in their branch and availed loan of Rs.39,000/-. At the instance
of the appellant/accused, the said gold chain-MO1 was recovered
from the branch of P.W.20 under a cover of panchanama. As such,
the prosecution is able to prove the recovery at the instance of the
appellant/accused.
22. Further, the medical evidence adduced by the prosecution
through P.W.21 also corroborates with the ocular version of the
prosecution. As such, the prosecution is able to prove all the
circumstances with clinching evidence. Further all the circumstances
relied on by the prosecution are pointing out guilt towards the
appellant/accused alone but not to others.
23. At this juncture, the learned Additional Public Prosecutor,
filed a memo dated 29.1.2025, bringing to the notice of this Court,
the involvement of the appellant/accused in similar crimes. The
appellant/accused was sentenced to death penalty, which was the
subject matter of Referred Trial No.2 of 2017. This Court, by
judgment dated 10.7.2018, converted the death sentence into
imprisonment for whole of his life without any extension of benefit of
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remission. In the said case also, the appellant/accused killed the
deceased in a similar manner for the sake of jewellery. He was also
involved in another murder case which was the subject matter of
S.C.No.78 of 2018 on the file of the Court of IV Additional District
and Sessions Judge, Nellore. In the said case also, the
appellant/accused was sentenced to undergo imprisonment for „Life‟
apart from imposing fine on convicting for other offence. The
appellant was further involved in another case i.e. Sessions Case
No.103 of 2019 on the file of the Court of VIII Additional District and
Sessions Judge, Prakasam District at Ongole. There also the
appellant was convicted under Sections 302, 449 and 397 IPC and
was sentenced to suffer imprisonment for „Life‟ apart from imposing
punishment under other provisions and also fine. Apart from
involving in the present crime, the appellant/accused was also
involved in three (3) other similar cases of murder for gain. Series of
murders have been committed by the appellant/accused. It is only in
the case involved in Referred Trial, the appellant was caught red-
handedly. It is only thereafter the involvement of the
appellant/accused in other three (3) crimes including the present one
came to light.
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24. In view of the above facts and circumstances of the case,
there are no grounds to interfere with the conviction and sentence
recorded by the learned IV Additional District and Sessions Judge,
Nellore.
25. In the result, the present Criminal Appeal is dismissed
confirming the conviction and sentence passed by the
learned IV Additional District and Sessions Judge, Nellore, in
Sessions Case No.291 of 2016, dated 15.6.2017. It is needless to
state that since the appellant was already convicted in Criminal
Appeal No.186 of 2018 and Referred trial No.2 of 2017 and
sentenced to suffer imprisonment for ‘LIFE’ i.e., whole of his life
without any extension of any benefits of remissions, the sentence
imposed in the present Criminal Appeal also shall run concurrently
with the sentence imposed in common judgment passed in Criminal
Appeal No.186 of 2018 and Referred trial No.2 of 2017.
Miscellaneous petitions, if any, pending in the Criminal Appeal,
shall stand closed.
________________________
JUSTICE K. SURESH REDDY
_____________________
JUSTICE T.C.D.SEKHAR
Date: 07.3.2025
GR
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HON’BLE SRI JUSTICE K SURESH REDDY
And
HON’BLE SRI JUSTICE T.C.D.SEKHAR
CRIMINAL APPEAL No.733 of 2017
(Per Hon’ble Sri Justice K. Suresh Reddy)
Date:07.03.2025
GR