MONDRI SREENU versus STATE OF ANDHRA PRADESH

Citation: [2008] 14 S.C.R. 498 · Decided: 15-10-2008 · Supreme Court of India · Bench: S.B. SINHA, CYRIAC JOSEPH · Disposal: Dismissed

Judgment (excerpt)

[2008] 14 S.C.R. 498 
A 
MONDRI SREENU 
J--
v. 
STATE OF ANDHRA PRADESH 
OCTOBER 15, 2008 
B 
· (Criminal Appeal No. 1263 of 2005) 
(S.B. SINHA AND CYRIAC JOSEPH, J.J.] 
t--
Penal Code, 1860: 
c 
s. 302 - Accused convicted of causing death of his 
mother-in-law - Conviction and sentence of imprisonment for 
life upheld by High Court - HELD: Apart from confession be-
fore Magistrate and I. 0., accused also made extra judicial 
confession to the witness who caught and handed him over to 
police - Accused never retracted the confessions - Weapons 
D of crime were recovered at the instance of the accused - It is 
not a case where courts below could have totally ignored re-
covery of said articles - Witnesses saw the accused at the rel-
evant time with the deceased near the place of occurrence -
Medical evidence corroborated the probable time of death 
E when accused was seen near place of occurrence and that 
injuries could have been caused by weapons recovered -
Strained relations between parties because of marital dishar-
many between accused and daughter of deceased not in dis-
pute - There is no merit in the appeal - Confession and Extra-
F ;udicial confessions - Circumstantial evidence - Accused last 
\__ 
seen with deceased - Recovery of weapons of crime. [para 
17-19, 24-27] 
Code of Criminal Procedure, 1898: 
G 
ss. 164 and 342 - Applicability of in Scheduled Area of 
Andhra Pradesh - HELD: Court can take judicial notice that 
State of A. P did not extend to its Scheduled areas, the provi-
1. 
sions of the new Cr.PC. -Accused was examined in terms of 
s. 342 of the old Code - As there is no separation of Judicial 
H 
498 
MONDRI SREENU v. STATE OF ANDHRA 
499 
PRADESH 
--i and Executive Officers, accused was produced before Execu-
A 
tive Officer for recording his statement u/s 164 - As provisions 
of old Code were applicable, non-compliance of provisions of 
s. 164 of the 19 73 Code was not of much significance - A state-
ment made by accused u/s 164 is admissible in evidence -
Confession - Judicial Notice - Code of Criminal Procedure, 
B 
1973 - s. 164. [para 20-21] 
~ 
CRIMINALAPPELLATE JURISDICTION: Criminal Appeal 
No. 1263 of 2005 
From the final Judgment and Order dated 12.10.2004 of c 
the High Court of Judicature of Andhra Pradesh at Hyderabad 
in Criminal Appeal No. 944 of 2002 
Ansar Ahmad Chaudhary for the Appellant. 
Altaf Fathima and D. Bharathi Reddy for the Respondents. 
D 
The Judgment Order of the Court was delivered 
~ 
1. Appellant is before us aggrieved by and dissatisfied 
with the judgment and order dated 12 .10 .2004 passed by the 
High Court of Andhra Pradesh at Hyderabad, whereby and 
E 
whereunder the appeal preferred by him from a judgment and 
order dated 21.12.2001 passed by the learned Sessions Judge, 
Khammam in S.C. No.143/2001 convicting the appellant herein 
for commission of an offence punishable under Section 302 of 
the Indian Penal Code and sentencing him to undergo impris-
F 
onment for life and also to pay a fine of Rs. 100, in default to 
___,( 
suffer R.I. for one month, was dismissed. 
2. The basic fact of the matter is not in dispute. 
3. The deceased Batta Chandramma is the mother-in-law 
of the appellant. Appellant married her third daughter Bhadrakali G 
sometime in 1990. A daughter and a son were born to them. As 
... 
appellant is said to have started harassing his wife by beating 
.,-
and abusing her, she deserted him and went to her parents' 
house at Chinthalagudem Village and started living with them. 
Appellant, thereafter, married another woman. However, he 
H 
500 
SUPREME COURT REPORTS 
[2008] 14 S.C.R. 
A 
came to Village Chinthalagudem where his parents-in-law were 
residing, to live with them. But after 10 days he started harass-
ing his wife again. Batta Chandramma (the deceased)- mother-
in-law of th~ appellant allegedly used to quarre,I with him and 
had asked him to leave the house. 
B 
4. On 19.10.1999, the deceased went to the agricultural 
field belonging to the family and she did not return till evening. 
On enquiry, one B.P. Veraiah informed the informant that he had 
seen the appellant in the fields and also heard some cries. Pur-, 
suant thereto, Pitchaiah, Chinna Veeraiah, Baria Ram Babu and 
C Degala Veeraiah went to the fields in search of Chandramma. 
They found her dead body lying in a pool of blood. Her sari was 
also tied around her neck. Accusing the appellant as the per-
son responsible for her death, a first information report was 

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