STATE OF A.P. versus PATCHIMALA VIGNESWARUDU@ VIGGANNA @ GANAPATHI

Citation: [2016] 1 S.C.R. 66 · Decided: 06-01-2016 · Supreme Court of India · Bench: DIPAK MISRA · Disposal: Appeal(s) allowed

Judgment (excerpt)

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[2016] 1 S.C.R. 66 
STATE OF A.P. 
v. 
PATCHIMALA VIGNESWARUDU@ VIGGANNA 
@ GANAPATHI 
(Criminal Appeal No. 436 of2008) 
JANUARY 06, 2016 
[DIPAK MISRA AND PRAFULLA C. PANT, JJ.] 
Penal Code, 1860: s.302 -
Murder -
Death due to 
strangulation - Allegation against the accused-husband that he 
murdered his wife as he had strained relations with her - Conviction 
by trial court - Acquittal by High Court - State's appeal against 
acquittal - Held: Evidence of the witnesses was to the effect that 
the deceased was seen in company of the accused-husband soon 
before her death - Accused absconded from the village after the 
incident - The chain of circunistances was complete and led only to 
the conclusion that it was the accused and he alone, who committed 
murder of the deceased - Order of conviction is restored. 
Allowing the appeal, the Court 
HELD: The medical evidence on record proved that the 
deceased died a homicidal death and cause of death was asphyxia 
due to strangulation. As far as relation between the accused and 
the deceased is concerned, the prosecution evidence on record, 
as stated by PW-1 and PW-2 was corroborated by the fact that the 
accused himself has admitted his marriage with the deceased, 
and his strained relations with her. Apart from that it is proved 
on record that on the date of incident, before midnight, the 
accused took his wife (deceased) to night show of movie. PW-1 
(father of the deceased) and PW-2 (mother of the deceased) have 
stated that a day before the dead body of the deceased was found, 
G the accused had come to their house and took his wife on the 
pretext that he was taking her to night show cinema. Also it is 
established from the statement of PW-4 that he last saw the 
deceased with the accused walking towards Ayinavilli (the village 
where later dead body of the deceased was found). PW-5, who is 
the gatekeeper of Devi Ganesh Theatre at Mukteswaram, told 
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STATE OF A. P. v. PATCHIMALA VIGNESWARUDU @ 
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VIGGANNA @ GANAPATHI 
that he knew both accused and the deceased, and they purchased A 
two tickets for last show at 8.00 p.m. Both of these witnesses 
have proved the fact that soon before her death the deceased 
was last seen with the accused. Yet another circumstance against 
the accused brought on the record by PW-6, who has stated that 
he saw the accused coming alone after midnight from the side of B 
Ayinavilli and boarding quarry lorry heading to Mummidivaram. 
Lastly, it is stated on record by the prosecution witnesses that 
the accused absconded after the incident. 
The chain of 
circumstances is complete and leads only to the conclusion that 
it was the accused/ respondent and he alone, who committed 
murder of the deceased. [Paras 10 to 15, 18] [71-B-G; 72-F] 
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CRIMINAL APPELLATE JURISDICTION : Criminal Appeal 
No. 436 of 2008 
From the Judgment and Order dated 24.02.2005 of the High Court 
of Judicature Andhra Pradesh at Hyderabad in Criminal Appeal No. 
1313 uf2002 
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Prerna Singh, Guntur Prabhakar, D. Bharathi Reddy for the 
Appellant. 
Arun K. Sinha (A. C.) for the Respondent. 
The Judgment of the Court was delivered by 
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PRAFULLA C. PANT, J. I. This appeal is directed against 
judgment and order dated 24.2.2005, passed by the High Court of 
Judicature Andhra Pradesh at Hyderabad, whereby Criminal Appeal 
No. 1313 of2002, filed by accused/respondent Patchimala Vigneswarudu 
@ Vigganna @ Ganapathi, is allowed, and he is acquitted of the charge 
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of murder punishable under Section 302 of Indian Penal Code (IPC), 
and order of conviction and sentence, passed against him by II Additional 
Sessions Judge, East Godavari at Rajahmundry in Sessions Case No. 
363 of 2001, was set aside. 
2. Prosecution story, in brief, is that Pachimala Ganga, daughter 
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of PW-I Jithuka Nagooru and PW-2 Jithuka Veeramma, got married to 
the accused/respondent. Their marriage was solemnized some two years 
before the date of incident. After marriage deceased Pachimala Ganga 
joined company of her husband at Cheyyeru Agraharam, and started 
living with him. After some time the accused came to know that he was 
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SUPREME COURT REPORTS 
[2016] I S.C.R. 
suffering from venereal disease. He suspected that he might have 
contacted it through his wife. This started souring of relations between 
the two. According to the prosecution, the accused thereafter started 
ill-treating his wife, on which she left him and went to her parents' 

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