Modalavalasa Murali Krishna vs State Of Andhra Pradesh, on 14 July, 2025

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Andhra Pradesh High Court – Amravati

Modalavalasa Murali Krishna vs State Of Andhra Pradesh, on 14 July, 2025

Author: K Suresh Reddy

Bench: K Suresh Reddy

^   *




         APHC010859972017
                               IN THE HIGH COURT OF ANDHRA PRADESH
                                              AT AMARAVATI




                        MONDAY,THE FOURTEENTH DAY OF JULY
                           TWO THOUSAND AND TWENTY FIVE

                                         PRESENT


                   THE HONOURABLE SRI JUSTICE K SURESH REDDY

                                            AND


                      THE HONOURABLE SMT JUSTICE V.SUJATHA

                   CRIMINAL APPEAL Nos. 1402 OF 2017 & 944 of 2018



        CRIMINAL APPEAL NO: 1402 OF 2017


             Appeal under Section 372 of Cr.P.C, aggrieved by the judgment passed
        in Sessions Case No. 64/2002 dated 20-7-2017 on the file of the II Additional
        District and Sessions Judge, (Fast Track Court) at Srikakulam and further
        punish the accused in accordance with law.

        Between:


           1. Modalavalasa Murali Krishna, S/o. Ramanujulu, Aged about 46 years.
              Occ: Cultivation, R/o. Dharmapuram Village, Ponduru Mandal
             Srikakulam District.

          2. Modalavalasa Malleswaramma, W/o. late Srinivasa Rao, aged 55 years
             Occ: House wife, R/o. Dharmapuram Village, Ponduru              Mandal
             Srikakulam District.
 3. Modalavalasa Suneetha, W/o. Ravi Kumar, D/o. late M. Srinivasa Rao,
   age: 40 years, Occ; House wife R/o. K. Mannaiahpeta, Chintada Post,
   Amadalavalasa, Srikakulam Mandal & District.

                                                               ...Appellants
                                      AND

1. State       of Andhra   Pradesh,    Rep by.   Inspector of Police,   CID,
   Visakhapatnam, rep. by Public Prosecutor, High Court at Amaravathi
2. Annepu Kameswara Rao, S/o A. Ramakrishna, aged about 42 years,
   Occ: Not known , R/o Rajam, Srikakulam District.
3. Annapu Ramu, S/o. A.Neela Rao, aged about 24 years, Occ: Not
   Known, R/o. Dharmapuram Village, Ponduru Mandal, Srikakulam
   District.

4. Pedda Ammanna, S/o. P.Ammanna, aged about 38 years, Occ: Not
   Known,       R/o. Dharmapuram Village, Ponduru Mandal, Srikakulam
   District.

5. Madalavalasa Venkata Ramana, S/o. M.Swamy, aged about 35 years,
   Occ: Not Known, R/o. Dharmapuram Village, Ponduru Mandal,
   Srikakulam District.

6. Annepu Ramanjaneyulu, S/o.A.Jayaraju, aged about 25 years, Occ: Not
   Known, R/o. Dharmapuram Village, Ponduru Mandal, Srikakulam
   District.                                                       '

7. Pappala Mallesu, S/o. Late Lachanna, aged about 25 years, Occ: Not
  Known,        R/o. Dharmapuram Village, Ponduru Mandal, Srikakulam
  District.

8. Annepu Ramanna Singadu Singanna, S/o. Varahalu, aged about 22
  years, Occ: Not Known, R/o. Dharmapuram Village, Ponduru Mandal,
  Srikakulam District.

9. Meta Vykuntam, S/o. Late M.Adinarayana, aged about 30 years, Occ:
   Not Known, R/o. Dharmapuram Village, Ponduru Mandal, Srikakulam
  District.

                                                               ...ACCUSED
 Counsel for the Petitioners : SRI PRABHAKAR PERI

Counsel for the Respondent No.1 : PUBLIC PROSECUTOR

Counsel for the Respondent Nos. 2 to 8 : SRI VINOD KUMAR TARLADA



APHC010079212018
                            CRIMINAL APPEAL NO: 944 OF 2018




        Appeal under Section 378 of Cr.P.C, aggrieved by the judgment of the
acquittal dated 20-07-2017 passed in SC.No. 64 of 2002 by the II Additional
District and Sessions Judge, (FTC) Srikakulam District

Between:


  The State of AP., rep. by the Public Prosecutor, High Court at Amaravathi,
   (Station House Officer, Ponduru PS., Srikakulam district)
                                                  ...PETITIONER/APPELLANT

                                      AND

   1.   Annepu Kameswara Rao, S/o Ramakrishna, aged 42 years, Kalinga by
        caste, R/o.Dharmapuram village, resident of Rajam, Srikakulam District.
  2.    Annepu Ramu, S/o Neela Rao, aged 24 years, Kalinga by caste
        R/o.Dharmapuram Village, Srikakulam District.
  3.
        Pedada Ammanna, S/o Suryanarayana, aged 38 years, Kalinga by
        caste, R/o.Dharmapuram Village, Srikakulam District.
  4.
        Mondalavalasa Venkata Ramana, aged 35 years, Kalinga by caste
        R/o.Dharmapuram Village, Srikakulam District.
  5.    Annepu Ramanujulu, S/o Jayaraju, aged 25 years, Kalinga by caste
        R/o.Dharmapuram Village, Srikakulam District.
  6.    Pappala Mallesu, S/o late Latchanna, Kalinga by caste aged 25 years,
        R/o.Dharmapuram Village, Srikakulam District.
    7. Annepu Ramana @ Singanna, S/o Varahalu, Kalinga by caste, aged 22
      years, R/o.Dharmapuram Village, Srikakulam District.
   8. Mettu Vykuntam, S/o late Adianarayana, Kalinga by caste, aged 30
     years, R/o.Dharmapuram Village, Srikakulam District,
      (case against A.8 is abated as per order dated 13-09-2004)
                                              ...RESPONDENTS/ACCUSED

Counsel for the Petitioner   : PUBLIC PROSECUTOR

Counsel for the Respondent Nos. 1 to 7 : SRI D KODANDARAMI REDDY

Counsel for the Respondent: SRI VINOD KUMAR TARLADA

The Court made the following COMMON JUDGMENT :
 APHC010079212018

                     IN THE HIGH COURT OF ANDHRA PRADESH
                                  AT AMARAVATI                        [3528]
                           (Special Original Jurisdiction)

                   MONDAY, THE FOURTEENTH DAY OF JULY
                     TWO THOUSAND AND TWENTY FIVE

                                 PRESENT

           THE HONOURABLE SRI JUSTICE K SURESH REDDY

               THE HONOURABLE SMT JUSTICE V.SUJATHA

                      CRIMINAL APPEAL NO: 1402/2017

Between:


  1.MODALAVALASA MURALI KRISHNA, S/0. RAMANUJULU, OCC:
   CULTIVATION, R/0.  DHARMAPURAM VILLAGE,     PONDURU
    MANDAL, SRIKAKULAM DISTRICT.

  2.MODALAVALASA MALLESWARAMMA, W/0. LATE SRINIVASA RAO,
   OCC: HOUSE WIFE, R/0. DHARMAPURAM VILLAGE, PONDURU
    MANDAL, SRIKAKULAM DISTRICT.

  3.MODALAVALASA SUNEETHA, W/0. RAVI KUMAR, D/0. LATE M.
   SRINIVASA RAO, OCC: HOUSE WIFE R/0. K. MANNAIAHPETA,
   CHINTADA POST, AMADALAVALASA, SRIKAKULAM MANDAL &
    DISTRICT.


                                                             ...APELLANT{S)
                                    AND


  1.STATE OF ANDHRA PRADESH, REP BY. INSPECTOR OF POLICE,
    CID, VISAKHAPATNAM, REP. BY PUBLIC PROSECUTOR, HILGH
    COURT AT HYDERABAD.

  2.ANNEPU KAMESWARA RAO, S/0 A. RAMAKRISHNA,                    OCC: NOT
    KNOWN R/0 RAJAM, SRIKAKULAM DISTRICT.

  3.ANNAPU RAMU, S/0. A.NEELA RAO, OCC: NOT KNOWN, R/0.
    DHARMAPURAM VILLAGE, PONDURU MANDAL, SRIKAKULAM
    DISTRICT.
                                            2




     4.PEDDA AMMANNA, S/0. P.AMMANNA, OCC: NOT KNOWN                           R/0.
       DHARMAPURAM VILLAGE, PONDURU MANDAL                           SRIKAKULAM
       DISTRICT.


     5.MADALAVALASA VENKATA RAMANA, S/0. M.SWAMY OCC' NOT
       KNOWN
                    R/0. DHARMAPURAM VILLAGE, PONDURU, MANDAL
                                                         . Nui
       SRIKAKULAM DISTRICT.

     6.ANNEPU RAMANJANEYULU, S/O.A.JAYARAJU OCC; NOT KNOWN,
       R/0. DHARMAPURAM VILLAGE, PONDURU MANDAL SRIKAKULAM
       DISTRICT.


     7.PAPPALA MALLESU, S/0. LATE LACHANNA . OCC: NOT KNOWN,
       R/0. DHARMAPURAM VILLAGE, PONDURU MANDAL, SRIKAKULAM
       DISTRICT.


    8.ANNEPU RAMANNA SINGADU SINGANNA, S/0 VARAHALU OCC:
      NOT     KNOWN  R/0. DHARMAPURAM                     VILLAGE      PONDURU
      MANDAL, SRIKAKULAM DISTRICT.


    9. META VYKUNTAM, S/0. LATE M.ADINARAYANA OCC: NOT
       KNOWN
               R/0. DHARMAPURAM VILLAGE, PONDURU MANDAL
      SRIKAKULAM DISTRICT.

                                                            ...RESPONDENT(S):
     Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High
Court may be pleased to to set aside the judgment passed in Sessions Case
No. 65/2002 dated 20-7-2017 on the file of the II Additional District and
Sessions Judge. (Fast Track Court) at Srikakulam and further punish the
accused in accordance with law.

lA NO: 1 OF 2017fCRLAMP 2785 OF 2017

      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 47 days in representing the criminal appeal SR no
37424 of 2017.

LA NO: 2 OF 2017fCRLAMP 2786 OF 2017

      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
                                        3




grant leave to the petitioners to file the appeal against the judgment passed in
Sessions Case No. 65/2002 dated 20-7-2017 on the file of the II Additional
District and Sessions Judge, (Fast Track Court) at Srikakulam.
Counsel for the Appellant(S):
   1.PRABHAKAR PERI

Counsel for the Respondent(S):
   1.VINOD KUMAR TARLADA

   2.PUBLIC PROSECUTOR (AP)
                     CRIMINAL APPEAL NO: 944/2018

Between:


   1.THE STATE OF AP.„ REP. BY THE PUBLIC PROSECUTOR, HIGH
     COURT AT HYDERABAD, (SHO, PONDURU PS., SRIKAKULAM
     DISTRICT)
                                                                 ...APPELLANT

                                     AND


   1.ANNEPU KAMESWARA RAO AND 7 OTHERS, R/O.DHARMAPURAM
    VILLAGE, RESIDENT OF RAJAM, SRIKAKULAM DISTRICT.

   2.ANNEPU      RAMU,     R/O.DHARMAPURAM          VILLAGE,     SRIKAKULAM
     DISTRICT.


   3.PEDADA AMMANNA, R/O.DHARMAPURAM VILLAGE, SRII^KULAM
     DISTRICT.

   4.MONDALAVALASA    VENKATA    RAMANA,                R/O.DHARMAPURAM
    VILLAGE, SRIKAKULAM DISTRICT.

   5.ANNEPU         RAMANUJULU,            R/O.DHARMAPURAM           VILLAGE,
     SRIKAKULAM DISTRICT.

   6.PAPPALA MALLESU, R/O.DHARMAPURAM VILLAGE, SRIKAKULAM
     DISTRICT.

   7.ANNEPU      RAMANA      SINGANNA,      R/O.DHARMAPURAM          VILLAGE
     SRIKAKULAM DISTRICT.
                                                4




        8.METTU VYKUNTAM, R/O.DHARMAPURAM VILLAGE ' SRIKAKULAM
          DISTRICT. (CASE AGAINST A.8 IS ABATED AS PER ORDER DATED
          13-09-2004)

                                                                 ...RESPONDENT(S):
          Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High
    Court may be pleased to this memorandum of grounds of Criminal appeal is
    preferred aggrieved by the judgment of the acquittal dated 20-07-2017 passed
    in SC.No. 64 of 2002 by the II Additional District and Sessions Judge, (FTC)
    Srikakulam District for the following among.
    lA NO: 1 OF 2ni«


         Petition under Section 151 CPC
    in+h4.off^                                  P'"aying that in the circumstances stated
    in the affidavit filed ,n support of the petition, the High Court may be pleased to
    condone the delay of 92 days in filing the appeal against the judgment of
    acquittal dated 20-07-2017 passed in SC.No. 64 of 2002 by the II Additional
    District and Sessions Judge (FTC), Srikakulam District.
lA NO: 2 OF 2ni«


.        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
grant leave to file appeal against the judgment of acquittal dated 20-07-2017
passed in SC.No. 64 of 2002 by the II Additional District and Sessions Judge
(FTC) Srikakulam District.                                                           ^ '

Counsel for the Appellant:
      1. PUBLIC PROSECUTOR (AP)
Counsel for the Respondent(S):
      1.D KODANDARAMI REDDY

      2.VINOD KUMAR TARLADA
                                                 5

#
    The Court made the following COMMON JUDGMENT:
    (Per Hon'ble Sri Justice K. Suresh Reddy)


           As both these appeals arise out of same Sessions Case, they are heard

    together and are being disposed of by way of common judgment.

    2.
           Questioning the judgment of acquittal passed by the Special Judge for
    trial of cases under the SCs & STs (POA) Act - cum - II Additional District &

    Sessions Judge (Fast Track Court) at Srikakulam (for short, 'learned Special

    Judge') in Sessions Case No.64/2002 dt. 20.07.2017,            PWs     1   to 3 filed


    Criminal Appeal No. 1402/2017, whereas the State also filed an appeal vide

    Criminal Appeal No.944/2018.


    3.     During pendency of the trial, A.8 died and the case against him was

    abated.     A.1 to A.7 were tried by the learned Special Judge under the

    following charges:


           1) First charge was under Section 148 IPC against A.1 to A.7
           2) Second charge was under Section 120-B IPC against A.1 to A.7
           3) Third charge was under Section 341 IPC against A.2 & A.4
           4) Fourth charge was under Section 149 IPC against A.1, A.3 & A.5 to A.7
           5) Fifth charge was under Section 302 IPC against A.1 to A.7
           6) Sixth charge was under Section 302 r/w 149 IPC against A.2 to A.7
           7) Seventh charge was under Section 302 r/w 149 IPC against A.1 to A.7
           8) Eighth charge was under Section 201 IPC against A.1 to A.7



    4.      Substance of the charge is that on the evening of 24.06.2000, A.1 to

    A.8, along with PW.12, met in the house of A.1 to kill one Modalavalasa

    Srinivasa Rao (hereinafter referred to as "D.1"), and on 25.06.2000, A.2 to A.8
                                         6




gathered at thrashing floor of A.2 and in pursuance of their conspiracy, on

08.07.2000 between 06.00 P.M. and 07.00 P.M., attacked D.1 and D.2 while

they were returning to their village causing their death, thereby committed

offences punishable under Sections 120-B, 148, 341         & 302 r/w 149 and

Section 201 IPC.     After completion of the trial, the learned Special Judge

acquitted the accused of all the charges.

5.    Case of the prosecution, briefly, is as under;

      (a) All the accused are residents of Dharmapuram Village of Ponduru
Mandal, Srikakulam District.    D.2 is the follower of D.1 and they are also
residents of same village. All the material witnesses are also residents of the

same village. PW.1 is the nephew, PW.2 is the wife and PW.3 is the daughter

of D.1 respectively. D.1 was a Contractor who was developed politically and
financially. The brother of D.1 was elected as Sarpanch of Dharmapuram
Village on behalf of the Telugu Desam Party. His niece was also elected as

M.P.T.C. Member in the year 1995. A.1 belongs to Congress Party. A.2 is
the cousin of A.1. A.3 to A.8 are the followers of A.1. D.1 was getting majority
                                                                       /



of Government schemes benefits such as Ration Cards, Old Age Pensions,

Widow Pensions and Drought Pensions etc. to his followers.           Same has


become eyesore to A.1.     A.1 intended to join in Telugu Desam Party and

approached the local M.L.A. PW.10 seeking his entry.      The latter denied his


entry without the consent of D.1. While so, on 24.06.2000, A.1 to A.8 along

with PW.12 met in the house of A.1 and conspired together to eliminate the
                                         7




D.1. On 25.06.2000, A.2 to A.8 gathered at the threshing floor of A.2 and
conspired to do away with the deceased.

      (b) While so, on 08.07.2000 at about 05.30 P.M., D.1 left his house to

go to Ponduru. He took D.2 along with him for the sake of company. On the

way, D.1 stopped his scooter near the house of LW.26 and discussed his

house dispute and informed him that he will return from Ponduru by 09.30

P.M. or 10.00 P.M.       A.4 said to have heard the said conversation.      After


departure of D.1 and D.2, A.5 went in search of A.7 and informed others that

A.2 is waiting for them. A.2 sent a word to PW.12, but he did not respond as

he is not willing to participate in the said attack. By 06.00 P.M. or 07.00 P.M.,

A.2 to A.8 gathered and were proceeding on Dharmapuram-V.R.              Gudem


Road by walk near sugarcane fields of A.4. A.7 went to the fields of PW.7 and

cut away three Teak trees. D.1 & D.2 went to the house of PW.28 who was

not available at the house. At about 09.00 P.M., both the deceased started to

return to their village. When both the deceased reached near the fields of A.3

A.2 & A.4 stood on either side of the road and stretched Nylon rope, due to


which both the deceased fell down on the road.       Immediately, A.4 attacked

D.1 on the left jaw with deadly weapon (Kathuva Boriga).        Then, the other

accused beat D.1 with sticks and killed him.    Then, A.2 to A.8 beat D.2 and

killed him. A.2 & A.3 left to Rajam which is at a distance of 30 KM from the

scene and met A.1 at his house.       A.1 secured the Tractor and Trailer and

handed it over to A.2.    The scooter of D.1 was loaded in Tractor and Trailer


driven by A.2. They went along with A.3 to the scene of offence. They lifted
                                        8




the dead bodies into the Trailer. They buried the dead bodies at Relligedda

which is at a distance of 8 KM.     They also buried the scooter and M.0.8

weapon.      Thereafter, A.2 to A.8 left that place at about 02.00 A.M.   on



09.07.2000. On the way, all the accused got down. A.1 went to the house of

his Driver P\/V.18 and asked him to drop A.2 & A.7 at the outskirts of
Dharmapuram. On 11.07.2000, A.5 met PW.19 and disclosed stating that he

along with other accused killed D.1 & D.2.

      (c) LW.1, brother of D.1, made enquiries and they continued to search
for D.1. He came to know the presence of two dead bodies buried            in


Relligedda near Siripuram Village. LW.1 informed Ponduru         police   on


11.07.2000 about the dead bodies. At about 08.00 P.M. on 11.07.2000, LW.1

gave a report to the police. PW.41 Sub-Inspector of Police received Ex.P1
from LW.1.
               He registered a case in Cr.No.62/2000 under 'Men Missing'.
Ex.P91 is the F.I.R. On 12.07.2000, PW.41 visited Dharmapuram Village and
secured presence of mother of D.2 and recorded her statement. While PW.41

was in the village, PW.20 V.R.O. informed him that some blood stains on

Palmyra leaf by the side of road at V.R. Gudem were found. Then, PW.41

visited said place along with PW.20 and PW.5 and noticed Palmyra leaf with

blood stains, Teak stick.   PW.41 seized those articles M.Os 3 & 4 under a

cover of Panchanama Ex.P5.       He prepared a rough sketch Ex.P92.       He

returned to his office and secured presence of PW.13 and      recorded his


statement, who received information about the presence of two dead bodies.

On 13.07.2000 at about 07.00 P.M., LW.-I presented another report Ex.P2.
                                       9




Basing on which, section of law was altered to Section 302 IPC. Ex.P93 is the

altered FIR.


      (d) After receiving information about the presence of dead bodies,

PW.44 went to the scene of offence and prepared an observation report

EX.P14. He exhumed the dead bodies in the presence of P\N.20 and another.

He found the dead bodies in highly decomposed condition.        He also held


inquest over the dead bodies in the presence of PW.21. Inquest reports are

marked as Exs.P6 and 15.       He sent a requisition to the Superintendent,

Government Hospital, to depute a team of Doctors to conduct Postmortem at

the scene of offence.   On 14.07.2000, PW.37 conducted Autopsy over the

dead body of D.1.    He opined the cause of death was due to injury on vital

area i.e., neck. He issued Postmortem Certificate Ex.P68. He also conducted

Autopsy over the dead body of D.2. He opined the cause of death of D.2 was

due to "Asphyxia".   He issued Postmortem report Ex.P71 and Final opinion

EX.P72.


      (e) On 16.07.2000, PW.44 arrested A.2 to A.4 at Tholapi village in the

presence of PW.23 and another under Ex.PI 7. He recovered M0.1 scooter

key from A.2. The relevant portions of confessions of A.2 to A.4 are marked as

EXS.P17, P122 and P123.       On the confession made by them, he seized

MOs.3 to 7 under Ex.P22.    He also recovered M.0.2 scooter in the presence

of mediator under Ex.PI 8. He also seized M.0.8 weapon at the instance of

A.3. PW.44 also arrested A.8 and seized Tractor bearing No.AP 30T 5691 and

Trailer bearing No.5692 marked as M.0.9 under Ex.P23. On 26.07.2000, A.5
                                        10




 and A.6 surrendered before the Judicial First Class Magistrate, Rajam.

 PW.42 took custody of A.5 and A.6 for three days. On 08.08.2000, PW.42
 collected blood stain samples Exs.P95 to P101 on the Tractor,        On the

 instructions of the Additional    D.G.P., C.I.D.   PW.43   took   up further
 investigation from PW.42.     On 16.08.2000, PW.43 filed a Memo adding
 Section 120B IPC. PW.42 forwarded material objects to the F.S.L., Flyderabad
along with Exs.P114 and 115. A.P.F.S.L. Report is marked as Ex.P80. After
obtaining all reports and after completion of the investigation, PW.43 filed
charge sheet.


6.
        In support of its case, the prosecution examined PWs 1 to 46, marked

exhibits PI to PI25 and exhibited MOs 1 to 10. Exhibits X.1 and X.2 were

marked through Court.


7.    When the accused were examined under Section 313 Cr.P.C, they

denied the incriminating evidence appearing against them.

8.
      Disbelieving the evidence of prosecution witnesses, learned, Special
Judge acquitted the accused of all the charges.

9.
      Heard Sri Peri Prabhakar, learned counsel for the appellants         in


CrIA.No. 1402/2017 and Sri M.Venkata Ramana, learned Additional Public
Prosecutor appearing for the appellants in Crl.A.No.944/2018        and   Sri


D.Kodandarami Reddy, learned counsel appearing for the respondents /
Accused in both the appeals.
                                         11



10.
      At the outset, learned counsel for the appellants as well as the learned

counsel for the respondents/Accused states that during pendency of the
present appeal, A.4 died on 04.05,2018 and the appeal against him stands
abated.



11.   We have carefully scrutinized the entire evidence on record.


12.
      As seen from the material, there are no eye witnesses to the alleged
incident. The prosecution rests its case only on the basis of circumstantial
evidence.



13.   PW.1 is the nephew, PW.2 is the wife and PW.3 is the daughter of D.1

respectively. Admittedly, PWs 1 to 3 are not eye witnesses to the prosecution.

PW.4 is the brother of D.2. He is also not an eye witness. PW.5 is the villager

and he is also not an eye witness to the incident.

      PWs 11, 12, 13, 18, 19 and 22 are the crucial witnesses in the present

case. PW.11 is the Coolie, who worked in the fields of Accused, and he used

to transport sugarcane of A.2 in the tractor of A.1. PW.11 was examined by

the prosecution to show that the Nylon rope, which          was   used   in   the


commission of offence, belongs to him. But, curiously PW.11 did not support

the prosecL!tion. PW.12 is the person, who was examined by the prosecution

to establish the factum of conspiracy at the house of A.1 on 24.06.2000 to

eliminate D.1, also did not support the prosecution.       PW.13 worked as


Headmaster in Dharmapuram M^E School. He was examined to speak the
motive for the accused to kill the deceased, but he too did not support the
                                          12   '




  prosecution. PW.18 is the person who is said to have dropped A.2 and A.7
  after commission of the offence. But, he also did not support the prosecution.

  PW.19 was examined to show that he kept the Tractor in the Petrol Bunk of
  A.1 and he was also examined to show the extra judicial confession made by
 A.5 before him, but he too did not support the prosecution.    The last crucial

 witness examined by the prosecution is PW.22. PW.22 is the mediator for all
 the reports. He too did not support the prosecution. As such, all the crucial
 witnesses i.e., PWs 11, 12, 13, 18, 19 and 22 did not support the prosecution
 and they were declared as "hostile'.

       The only evidence remains is the evidence of the Investigating Officers
 and Postmortem Doctors.


 14.
       In view of the above facts and circumstances as there is no legal
evidence to connect the accused /
                                        respondents with the alleged offence,
learned Special Judge has rightly acquitted the accused vide the impugned
judgment. Therefore, the Criminal Appeals are liable to be dismissed.

       In the result, both these Criminal Appeals are dismissed confirming the
judgment of acquittal recorded by the learned Special Judge for trial of cases
under the SCs & STs (POA) Act - cum - II Additional District & Sessions
Judge (Fast Track Court) at Srikakulam in Sessions Case No.64/2002, vide
judgment dt. 20.07,2017. There shall be no order as to costs.
                                                  13




                 As a sequel, interlocutory applications pending, if any, shall also stand
  closed.


                                                          SD/- E.KAMESWARA RAO
                                                                  JOINT REGISTRAR

                                        //TRUE COPY//
                                                                  SECTION OFFICER

To.

      1.
           The II Additional District and Sessions Judge, (Fast Track Court) at
           Srikakulam, Srikakulam District
  2.
           The Judicial First Class Magistrate, Rajam, Srikakulam District
  3.
     The Inspector of Police, CID, Visakhapatnam, Visakhapatnam District
  4.
     One CC to Sri. Prabhakar Peri Advocate [OPUC]
  5.
     One CC to Sri. D Kodandarami Reddy Advocate [OPUC]
  6.
     One CC to Sri. Vinod Kumar Tarlada Advocate [OPUC]
  7.
           Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at
           Amaravathi [OUT]
  8.
           The Section Officer, Criminal Section, High Court of Andhra Pradesh at
           Amaravathi

  9.       Two CD Copies

           stu


           TAC
  HIGH COURT

 DATED:14/07/2025




                                I   05 AUG 2025       m
                                                     69.

                                    Current Section . ^

COMMON JUDGMENT

CRLA Nos. 1402 of 2017 and 944 OF 2018

DISMISSING THE CRIMINAL APPEALS

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